Do I have to have reported the crime to the police to get a U visa?

You must have been, be, or be likely to be helpful to a certifying authority — which usually means the crime was reported and you cooperated in some way. However, the "police" is only one option; prosecutors, judges, and certain other agencies can certify. What matters is your helpfulness in the detection, investigation, prosecution, conviction, or sentencing of the qualifying crime, not that you personally filed the first report.

Does someone have to be arrested or convicted for my U visa to work?

No. There is no requirement of an arrest, criminal charge, or conviction. Many valid U visa cases arise from incidents where no one was ever prosecuted. The question is whether you were a victim of qualifying criminal activity and did your part to assist law enforcement.

How long does a U visa take in Miami?

Because of the 10,000 annual cap and a large national backlog, the full process commonly takes several years — often five or more from filing to approval. The Bona Fide Determination process can provide work authorization and protection from removal much earlier, sometimes within a couple of years of filing. Exact timelines change, so confirm current USCIS processing times for your situation.

Can I work while my U visa is pending?

Often yes. Under the Bona Fide Determination process, USCIS may grant an employment authorization document and deferred action while your petition waits in line. Once the U visa itself is approved, work authorization comes as a direct benefit of the status. This early work permit is one of the most important practical benefits of filing.

Can my spouse and children get status through my U visa?

Yes. As the principal petitioner you can include qualifying derivatives using Form I-918, Supplement A. If you are 21 or older, that generally means your spouse and children; if you are under 21, it can also include your parents and unmarried siblings under 18. Timing matters because children and siblings can age out, so file with those deadlines in mind.

I have a prior deportation or an old criminal issue. Can I still qualify?

Possibly. The U visa comes with an unusually broad waiver, Form I-192, that can forgive most grounds of inadmissibility when doing so serves the public or national interest. Prior immigration or criminal history does not automatically disqualify you, but the waiver must be prepared carefully and supported with strong evidence.

When can a U visa holder apply for a green card?

After holding U nonimmigrant status and being continuously physically present in the United States for at least three years, you may apply to adjust status to lawful permanent residence under section 245(m), provided you have not unreasonably refused to assist law enforcement and your continued presence is justified on humanitarian grounds, for family unity, or in the public interest.

How much is the initial consultation?

Our initial strategy session is $200 for 20 minutes, and that fee is credited toward your retainer if you decide to engage our firm. In that session we review your specific facts — the crime, your cooperation, your immigration history — and give you a clear read on whether the U visa is the right path. Call (305) 315-3425 or email fitenkolaw@gmail.com to schedule.

U Visa for Crime Victims in Miami (2026): A Complete Guide

U visa for crime victims in Miami: qualifying crimes, the I-918B certification, waitlist, EAD, and the path to a green card. Call Fitenko Law at (305) 315-3425.

Fitenko Law PLLC, 600 Three Islands Blvd, Hallandale Beach, FL 33009. Phone: (305) 315-3425. Email: fitenkolaw@gmail.com

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