Can You Get A Green Card If You Witness A Crime In The U.S.?
19 April 2025By Alena Shautsova, New York Immigration Lawyer
Being in the wrong place at the wrong time can sometimes lead to an unexpected opportunity—especially when it comes to U.S. immigration. If you're undocumented or in a temporary immigration status and you've witnessed a crime, you may be wondering whether your cooperation with law enforcement can help you stay in the country or even obtain a green card.
As a New York Immigration lawyer, I’m here to tell you: yes, it may be possible. There are specific visa categories available for crime witnesses and victims that could eventually lead to permanent residency in the United States.
Pathways to a Green Card for Crime Witnesses or Victims
The U.S. immigration system offers two powerful protections for people who witness or fall victim to crime:
- U Visa – for victims of certain crimes who assist law enforcement
- S Visa – for informants or witnesses who provide critical information in criminal or terrorism investigations
Let’s break down how each of these work and how they could potentially lead to a green card.
What Is a U Visa and Who Qualifies?
The U Visa is available to individuals who have suffered substantial mental or physical abuse as a result of being a victim of certain crimes—and who are willing to cooperate with law enforcement or government officials during the investigation or prosecution.
U Visa Eligibility Requirements:
- You were a victim of a qualifying crime (e.g., domestic violence, sexual assault, trafficking, kidnapping, or felonious assault)
- You suffered significant harm (physically or emotionally)
- You reported the crime and are willing to help law enforcement
- You get a signed Form I-918B from a law enforcement agency confirming your cooperation
Tip from a USA Immigration Lawyer: Even undocumented immigrants can qualify for a U Visa. Cooperation with police can offer not only protection, but also a long-term path to legal status.
From U Visa to Green Card
After holding U Visa status for three years, you may be eligible to apply for a green card (lawful permanent residency), provided you:
- Maintained continuous presence in the U.S.
- Continued to be helpful in the criminal case
- Meet admissibility requirements (or qualify for a waiver)
What Is an S Visa and Who Gets It?
The S Visa is a lesser-known but powerful tool designed for informants or witnesses who can help law enforcement investigate or prosecute serious criminal organizations or terrorism-related cases.
S Visa Eligibility Requirements:
- You possess important and reliable information about a criminal or terrorist organization
- A U.S. federal or state law enforcement agency is willing to sponsor you
- You agree to testify or otherwise assist in the case
Unlike the U Visa, you cannot apply for an S Visa on your own—only law enforcement can petition for you by filing Form I-854.
From S Visa to Green Card
Once you have completed your assistance to law enforcement and have maintained S Visa status, your sponsoring agency may request a green card on your behalf. Approval is discretionary and based on the value of your cooperation.
U Visa vs. S Visa: What’s the Difference?
| Feature | U Visa | S Visa |
|---|---|---|
| Who Qualifies | Victims of crime | Witnesses or informants |
| Physical/Mental Harm | Required | Not required |
| Who Files the Petition | You (with law enforcement certification) | Law enforcement agency |
| Cooperation Required | Yes | Yes |
| Leads to Green Card | Yes, after 3 years | Yes, at the discretion of authorities |
What If I’m Undocumented?
If you're undocumented and afraid to speak to police or immigration officials, it’s understandable. However, the U.S. government does not require immigration status for either visa category. In fact, both U and S visas were designed to help people in exactly this situation—to encourage witnesses and victims to come forward without fear of deportation.
Advice from the best Immigration lawyer: If you’ve already cooperated with police, or you're being asked to testify, you may already qualify. But these cases are complex, and it's essential to get legal help before applying.
How a New York Immigration Lawyer Can Help
Navigating the process of applying for a U Visa or requesting sponsorship for an S Visa can be challenging. There are strict deadlines, legal forms, and eligibility rules that must be met.
As a dedicated USA Immigration lawyer, I can help you:
- Evaluate whether you qualify for a U or S visa
- Guide you in obtaining law enforcement certification
- File a complete and compelling application
- Build a path toward lawful permanent residency (green card)
Whether you're a victim of a violent crime, a domestic abuse survivor, or someone who witnessed criminal activity and cooperated with authorities—you have rights, and you may have a legal path to stay in the United States.
Final Thoughts: Justice and Immigration Can Go Hand in Hand
If you’ve experienced trauma or danger and helped U.S. law enforcement in the process, you may be eligible for immigration relief. Whether through a U Visa or S Visa, your courage may open a door to permanent residency and protection.
Wondering if you qualify for a green card based on cooperation with law enforcement?
Schedule a consultation today with a New York Immigration lawyer who will fight for your future. CALL 917 885 2261!
Visit: www.shautsova.com
Email: office@shautsova.com
Serving clients in New York and across the United States