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What Disqualifies You From a U Visa?

October 24, 2026 6 min read

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What disqualifies you from a U visa? I hear this question from people who have survived a crime and are frightened that something in their past, or something missing from their file, will shut the door before anyone reads their story. I am a clinician, not an attorney. I cannot tell you whether you are eligible, and I will not guess. What I can do is explain, in plain words, the pieces USCIS looks for, so you know which questions to bring to your attorney, and then explain the one piece I actually work on: documenting the harm.

The pieces USCIS looks for

USCIS describes U nonimmigrant status for victims of qualifying criminal activity who have suffered substantial physical or mental abuse and who meet other requirements. In plain language, the pieces are these. The crime has to be one that qualifies under the law, and it has to meet the relevant jurisdictional requirements. You have to have suffered substantial physical or mental abuse as a result. You generally have to possess information about the crime and have been helpful, be helpful, or be likely to be helpful to a qualifying authority, with special provisions for some applicants. And admissibility matters: your attorney addresses any grounds of inadmissibility and whether a waiver is needed.

When people ask what disqualifies someone, they usually mean a problem in one of those pieces: a crime that may not qualify, a certification that cannot be obtained, a question about helpfulness, or an inadmissibility issue. Each of those is a legal question. Ask your attorney. Do not decide on your own that you are out.

The certification is not something I can provide

Form I-918 Supplement B is a certification from an authorized agency. A psychological report does not replace it, secure a signature, or decide that an offense qualifies. Your attorney may coordinate the certification and the evaluation in parallel, but the right sequence depends on your case, and completing an interview with me does not create eligibility.

The piece I work on: substantial abuse

The evaluation assesses mental health effects connected to the crime. I consider the nature and severity of the harm you describe, how long it lasted, and the effects that persist. Physical injuries can have psychological consequences, and repeated victimization can compound them. I look at trauma reactions, anxiety, mood, sleep, concentration and physical stress responses, and at the changes in your work, caregiving, relationships and your ability to feel safe.

I also consider preexisting symptoms, other stressful events, your supports and your treatment history. Your outward calm, your continued employment, or the years it took you to tell anyone do not by themselves settle how much harm occurred. The report separates what you report, what records show, and what I can reasonably conclude, and it says where information is incomplete.

What you do not need before calling

You do not need a signed certification or a police report to arrange the free consultation. Relevant records help when they exist, and your attorney will tell you what the petition itself requires. Details about the crime belong in a private clinical conversation, not in the public request form. Tell me your preferred language, where you are in Florida, a safe way to contact you, and any deadline.

Safety first

If you still fear the person who harmed you, say so. We can arrange a private contact method and an appointment time that are safe for you. For a video interview, choose a place where that person cannot overhear. If you are in immediate danger, contact emergency services. An evaluation request is not emergency protection.

What the report cannot do

It does not decide whether the crime qualifies, whether certification or helpfulness requirements are met, or whether USCIS approves the petition. USCIS reviews the entire petition, and no evaluator can promise how the evidence will be weighed or when the case will be decided. What a careful report can do is make sure the harm you carry is documented accurately, in clinical terms a reviewer can understand.

Common questions

Can a criminal record disqualify me from a U visa?

Questions about inadmissibility and waivers are legal questions for your attorney. Do not rule yourself out before asking. The clinical evaluation does not address this and does not change it.

Do I need a police report for the evaluation?

Not for the first consultation. Relevant records help when available, and I can explain how an interview may proceed without them. Whether the petition needs one is a question for your attorney.

How long does a U visa evaluation take?

The interview generally takes two to three hours, sometimes split across sessions, and the report typically follows within seven to fourteen days of the final interview.

Can I be interviewed in Spanish or Portuguese?

Yes. I conduct interviews directly in English, Español or Português, in person in Boca Raton or by telehealth anywhere in Florida.

Your next step

If your attorney has asked for clinical documentation of the harm, send the request form with a safe way to reach you. The details of the crime wait for a private conversation.

Want to talk it through with me?

I work in English, Português and Español, in Boca Raton and by telehealth. My first call costs nothing.

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Pick a time, or just call me. English, Português, or Español, whichever you prefer.

Written and reviewed by Najla Sallum, LCSW (Florida license SW19846). Last reviewed: .