My Partner Has Abused Me, But I’m Afraid to Report It. May I Qualify for a U Visa?

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

Victims of domestic violence often face immense fear and uncertainty, especially when navigating the U.S. immigration system. At Santamaria Law Firm in San Francisco, we understand these complex emotional and legal challenges based on our years of experience in helping U Visa applicants who are victims of physical and mental abuse by their former partners.

Does domestic violence make me eligible for a U Visa? 

It may. Domestic violence is generally recognized as a qualifying criminal activity under primary federal regulations, specifically 8 C.F.R. § 214.14. You may be eligible to apply for a U Visa if you can demonstrate that:

• You have suffered substantial physical or mental abuse as a result of the domestic violence.

• You possess credible information regarding the criminal activity.

• You have been, are being, or are likely to be helpful to law enforcement or government officials in the investigation or prosecution of the crime.

What if I am afraid to report the abuse to the police? 

Fear of law enforcement is incredibly common, but reporting the crime is typically a necessary step, as U Visa eligibility requires a signed Law Enforcement Certification (Form I-918, Supplement B) confirming your helpfulness. To help you overcome this fear, Santamaria Law Firm uses our multilingual staff to explain the best way to explain the situation to police officers or prosecutors.  

How is "substantial physical or mental abuse" proven? 

USCIS adjudicators typically evaluate the "totality of the circumstances" rather than relying on a single piece of evidence. Proving emotional trauma can be particularly complex.

• We routinely collaborate with mental health professionals to help our clients build robust, objective clinical evaluations diagnosing trauma, anxiety, or PTSD.

• Additional evidence frequently includes medical records, police reports, and detailed personal affidavits.

  
  

Do the regulations or case law guarantee an approval if I report the abuse? 

No. In immigration law, no attorney can ever guarantee a specific outcome. Controlling case law from the Board of Immigration Appeals (BIA) and the 9th Circuit Court of Appeals indicates that adjudicators review each petition individually based on the strength of the evidence presented. However, having an experienced legal team that anchors its strategy strictly to the USCIS Policy Manual and federal statutes can maximize your chances of a favorable exercise of discretion.

You Do Not Have to Face This Alone Dr. Marc Santamaria is an active member of the American Immigration Lawyers Association (AILA) and teaches legal research at UC Berkeley Law. Our San Francisco team provides culturally responsive, trauma-informed legal support in English, Spanish, Portuguese, Mandarin, Vietnamese, and Tagalog. Contact Santamaria Law Firm, P.C. to safely and confidentially evaluate your U Visa options.

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.