If the crime happened several years ago, am I still eligible to apply for a U Visa?

Can I Apply for a U Visa if the Crime Happened Several Years Ago? 

By Dr. Marc Anthony Santamaria, SJD | Founding Attorney, Santamaria Law Firm, P.C. & Lecturer at UC Berkeley Law

Yes, you can still likely apply for a U Visa even if the crime occurred several years ago. 

Is there a time limit or statute of limitations for a U Visa? 

No. Under the Code of Federal Regulations (8 C.F.R. § 214.14), there is no statutory deadline for filing a U Visa application after a qualifying crime occurs.

• Victims are legally eligible to apply regardless of whether the crime happened one year ago or twenty years ago.

• Eligibility focuses strictly on your helpfulness to law enforcement and the severity of the harm suffered, rather than the date of the incident.

  
  

What is the most critical evidence needed for an older crime? 

The most challenging aspect of older cases is securing the Law Enforcement Certification (Form I-918, Supplement B).

• Law enforcement agencies must confirm that you were helpful, are being helpful, or are likely to be helpful in the investigation or prosecution of the qualifying crime.

• Santamaria Law Firm secures U Visas by working closely with police departments and prosecutors to demonstrate your past cooperation, even if the investigation files are archived or cold.

  
  

How do we prove "substantial physical or mental abuse" years later? 

Under 8 C.F.R. § 214.14(b)(1), a petitioner must demonstrate they have suffered "substantial physical or mental abuse" resulting from having been a victim of qualifying criminal activity. When years have passed, physical scars may fade, but the psychological impact—such as PTSD, clinical depression, or anxiety—remains a functional reality.

At Santamaria Law Firm, we strengthen complex humanitarian cases through a multidisciplinary approach. We collaborate directly with licensed psychologists who possess years of specialized experience in immigration proceedings. These experts provide robust, clinical psychological reports that objectively document long-term trauma, ensuring your narrative meets the rigorous evidentiary standards required by USCIS.

Will case law or USCIS policy penalize me for applying late?

While there is no deadline, case law and USCIS policy dictate that adjudicators evaluate the "totality of the circumstances" when reviewing your petition.

• If there was a significant delay in reporting the crime or applying for the visa, providing a reasonable explanation—such as fear of retaliation from the abuser, severe trauma, or lack of knowledge about the U Visa program—is essential for approval.

  
  

U Visa Questions? Dr. Marc Anthony Santamaria is a licensed attorney (State Bar of California #284643), an active member of the American Immigration Lawyers Association, and teaches Legal Research and Writing at UC Berkeley Law. By grounding our legal strategy in primary federal sources like 8 C.F.R. § 214.14, Santamaria Law Firm provides reliable, authoritative advocacy for the immigrant community.

Disclaimer: This content is shared for general educational purposes only and does not constitute legal advice. Viewing or interacting with this blog does not create an attorney-client relationship. Immigration situations vary from case to case. For legal guidance specific to your situation, consult with a licensed immigration attorney.