Immigration Help for Crime and Abuse Victims in Utah: U Visa Certification and VAWA Self-Petitions
General information, not legal advice. Read the full disclaimer.
Short answer: Federal law provides two main immigration protections for people harmed by crime or abuse: the U visa (U nonimmigrant status) for victims of qualifying crimes who have been, are being or are likely to be helpful to the investigation or prosecution, and a VAWA self-petition for abused spouses, children and parents of U.S. citizens or lawful permanent residents. Utah law helps with the U visa's required law-enforcement certification (Form I-918, Supplement B): when a victim or family member asks, a certifying official from a law enforcement agency, prosecutor, court, or other investigative agency (including the Division of Child and Family Services and the Labor Commission) must certify helpfulness if the entity determines the person was a victim of a qualifying crime and has been, is, or is likely to be helpful (Utah Code § 77-38-503(1)). The entity must process the request within 90 days, or 14 days if the person is in removal proceedings, and a current investigation, charges, prosecution or conviction are not required (§ 77-38-503(3)–(4)). The entity may not disclose the victim's immigration status except as required by law or with the victim's written authorization (§ 77-38-503(6), (8)).
Who this guide is for
Immigrants in Utah who were victims of crime (including domestic violence, assault, trafficking or workplace crimes) or who have been abused by a U.S. citizen or permanent-resident spouse, parent or child. This is information, not legal advice. U visa and VAWA cases are complex and have significant deadlines; talk to an immigration attorney or accredited representative before filing. See Free and Low-Cost Immigration Legal Help in Utah.
U visa basics (federal)
According to USCIS, applicants generally must show they:
- were a victim of qualifying criminal activity that occurred in the United States or violated U.S. laws;
- suffered substantial physical or mental abuse;
- have information about the crime; and
- have been, are being, or are likely to be helpful to law enforcement in detecting, investigating or prosecuting it.
Most applicants must file Form I-918 Supplement B, signed by a certifying official, with their petition; USCIS notes completing it does not guarantee eligibility. The number of U visas for principal applicants is capped at 10,000 per year, USCIS has reached the cap every year since 2010, and a bona fide determination and waiting list process applies, so approval can take a long time. The cap doesn't apply to qualifying family members (derivatives). Check USCIS for the current status and form editions.
What Utah's certification law adds (§ 77-38-502, -503)
- Who counts as a certifying entity: law enforcement agencies, prosecutors, courts, any authority responsible for detection, investigation or prosecution of qualifying crime, and agencies such as DCFS and the Labor Commission.
- Who signs: the head of the entity, a supervisor the head has specifically designated, a judge, or another official defined in federal regulations.
- Duty to certify: on request by the victim or a family member, the official shall certify helpfulness if the facts qualify; the entity decides helpfulness consistent with federal guidelines.
- Deadlines: 90 days, or 14 days if the person is in removal proceedings.
- No need for charges: a current investigation, charges, prosecution or conviction aren't required to request a certification.
- Withdrawal: the official may withdraw it if the victim refuses to provide reasonably requested help or the entity determines the person isn't a victim of a qualifying crime.
- Confidentiality: the entity may not disclose immigration status or personal identifying information of a requesting victim except as required by law, a court order, or with written authorization.
- Reporting: entities keep counts of requests, signed and denied certifications and report them annually to the state.
VAWA self-petition (federal)
USCIS says you may be able to self-petition (Form I-360) if you were battered or subjected to extreme cruelty by a U.S. citizen or lawful permanent resident spouse or former spouse, a U.S. citizen or LPR parent, or a U.S. citizen son or daughter (for parents). You can file without the abuser's knowledge or consent, and you can give a safe mailing address if mail at home isn't safe. Eligibility has detailed requirements; get legal advice.
Safety and practical steps
- If you are in danger, call 911. For protective orders see How to File for a Protective Order in Utah and Utah Domestic Violence Charges.
- Report the crime if you can, and keep the report number. Ask the agency about U visa certification in writing; note the date of the request to track the 90-day and 14-day deadlines.
- Keep records: police reports, medical records, protective orders, photos, messages.
- Talk to a qualified immigration lawyer or accredited representative before applying or contacting immigration authorities.
- Beware of scams. See Immigration Consultants and Notario Fraud in Utah.
- Victim legal help: see the Utah Crime Victims Legal Clinic and Legal Aid Society of Salt Lake listed in How to Find Free or Low-Cost Legal Help in Utah.
Frequently asked questions
Does the police have to sign my U visa form?
If the agency finds you were a victim of a qualifying crime and have been, are being, or are likely to be helpful, a certifying official must certify helpfulness on request under Utah law, within 90 days (14 if you're in removal proceedings).
Do charges have to be filed?
No. Utah law says a current investigation, charges, prosecution or conviction are not required to request certification.
Will the agency report my immigration status?
Utah law prohibits a certifying entity from disclosing it except as required by law or with your written authorization.
Can I file a VAWA petition without my spouse knowing?
USCIS says you may file Form I-360 without the abuser's knowledge or consent.