U-Visa for Crime Victims in South Dakota in SD… | CGMIMM
Immigration · SD
U-Visa for Crime Victims in South Dakota
South Dakota crime victims who are non-citizens may qualify for a U-visa — federal immigration status for victims of qualifying crimes who help law enforcement.
Published May 6, 2026
## U-visa for crime victims in South Dakota
The **U-visa** (created by the Victims of Trafficking and Violence Protection Act of 2000) provides immigration status to non-citizen crime victims who suffered substantial physical or mental abuse and who are helpful to law enforcement.
## Eligibility
**1. Victim of qualifying criminal activity** — full list at 8 U.S.C. § 1101(a)(15)(U)(iii). Major categories:
- Domestic violence
- Sexual assault / rape
- Trafficking
- Murder / manslaughter
- Felonious assault
- Kidnapping / abduction
- Extortion
- Witness tampering / obstruction
- Stalking
- Female genital mutilation
- Forced labor / involuntary servitude
- Peonage / slavery
- Torture
**2. Substantial physical or mental abuse** suffered as a result.
**3. Possess information** about the criminal activity.
**4. Has been, is being, or is likely to be helpful** to law enforcement / prosecutor / judge in investigating or prosecuting the crime.
**5. The crime occurred in the U.S.** or violated U.S. law.
**6. Admissible to the U.S.** OR eligible for waiver of inadmissibility (§ 212(d)(14) — broader than other waivers).
## Law enforcement certification — Form I-918, Supplement B
**Critical requirement:** the crime victim must obtain a **certification of helpfulness** from a qualifying agency:
- Police department
- District attorney / prosecutor
- State or federal court
- Child welfare agency (for child abuse cases)
- Department of Labor (for labor trafficking)
- EEOC (for employment discrimination crimes)
Certification states that the victim cooperated and was a victim. Without certification, no U-visa.
## Process
1. **Become victim** of qualifying crime
2. **Report to law enforcement / cooperate**
3. **Obtain Form I-918 Supplement B certification** — within 6 months
4. **File Form I-918** with USCIS (no filing fee)
5. **Wait** — currently 5-10+ year backlog due to 10,000/year cap on principal U-visas
6. **Bona Fide Determination (BFD) / Deferred Action** — interim relief during wait
7. **Approval / denial**
8. **4-year U status + work authorization**
9. **3 years later, eligible to apply for green card**
## Annual cap
Federal law caps **principal** U-visas at 10,000 per year. **Derivatives** (spouse, children, parents under certain circumstances) are not capped.
Due to the cap, USCIS implemented **Bona Fide Determination (BFD)**: applicants with apparently approvable cases get **deferred action + work authorization** while waiting in the cap queue. BFD effectively provides interim status during the 5-10+ year wait.
## Derivatives
U-visa derivatives include:
- Spouse of principal
- Children under 21 of principal
- Parents of victim (if victim is under 21)
- Unmarried siblings under 18 of victim (if victim is under 21)
Derivatives apply via Form I-918 Supplement A.
## What U-visa provides
- **4 years of legal U status** in the U.S.
- **Employment authorization (EAD)**
- **Travel** with a valid passport (advance parole sometimes needed)
- **Path to green card** after 3 years of U status (if continued cooperation)
- **Eventual U.S. citizenship** through normal naturalization after 5 years as LPR
- **Inadmissibility waivers** — broader than other immigration waivers
## What U-visa does NOT provide
- Immediate work authorization (must wait for adjudication or BFD)
- Coverage for ALL family members (only certain derivatives)
- Any rights for the perpetrator (separate issue)
- Federal benefits during U status (limited; some state benefits available)
## Strategy considerations
- **Don't delay reporting** — even if you're undocumented, prompt reporting strengthens the case
- **Document the abuse** — medical records, photos, police reports, statements, therapy records
- **Build relationship with prosecutor / detective** — certification is discretionary
- **Don't be deterred by status concerns** — local police in many cities have policies favoring victim cooperation regardless of immigration status
- **Get specialized counsel** — U-visa law is technical
## Consider also
**T-visa** for trafficking victims — separate program with similar structure but for victims of severe forms of human trafficking.
**VAWA self-petition** for spouses, parents, or children of U.S. citizens or LPRs who suffered abuse — separate path that doesn't require law enforcement cooperation.
**Asylum** for victims of persecution — different framework but may apply to gender-based violence cases.
**SIJS** (Special Immigrant Juvenile Status) for abused / neglected / abandoned children.
## What you should do
If you're a non-citizen crime victim in South Dakota: report the crime, document everything, and contact a U-visa specialist immediately. Many South Dakota non-profit organizations provide FREE U-visa representation (Catholic Charities, Tahirih Justice Center, Human Rights Initiative, local immigration clinics). For-profit immigration attorneys also handle U-visas; many will work pro bono or low-fee.
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*This guide is general information about U.S. federal immigration law as of early 2026 and is not legal advice. U-visa law is technical with significant cap-related delays. Talk to a licensed immigration attorney or qualified non-profit immigration program about your specific case.*
This guide is for general information only and does not constitute legal advice. Laws change and outcomes depend on your specific situation — talk to a licensed attorney before acting on anything you read here.