United States•North AmericaU-5 — Sibling of U-1 (if U-1 under 21)
At a Glance
3–5 years
Varies by processing route
Free
4 years
Renewable
Renewal
Renewable
Family
Not specified
PR Pathway
Yes
Sponsor
No job offer needed
Work
Remote work OK
Living in United States
Overview
Unmarried sibling under 18 of a U-1 visa holder who was under 21 at time of application.
The U-5 is a US derivative humanitarian visa for the unmarried sibling of a U-1 crime victim who was under 21 at time of filing. The sibling must have been under 18 at filing, though age-out protection applies — adjudication age does not disqualify.
Status lasts up to 4 years, renewable in 1-year increments via Form I-539. Work authorization is available, and a green card pathway opens after 3 years. All U nonimmigrant forms are fee-exempt by statute. Processing is severely backlogged at 40–53+ months.
This visa is ideal for unmarried siblings under 18 of U-1 crime victim visa holders who need to remain in the US as part of their sibling's support network during legal proceedings.
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Cost Breakdown
Processing Time
| Bona Fide Determination (BFD) | 3–4 years |
| EAD Issuance (from BFD/waiting list) | 4–5 years |
Stay & Extensions
| Initial grant | 4 years |
Annual Cap & Quota
No cap for U-5 derivatives; the 10,000 annual cap applies only to U-1 principals
Requirements
PUBLISHED REQUIREMENTS
U-1 principal must have been under 21 years old at time Form I-918 was filed
Sibling must have been unmarried and under 18 at time of filing (age-out protection applies at adjudication)
Qualifying family relationship: unmarried sibling of the U-1 principal
U-1 principal must be a victim of qualifying criminal activity who suffered substantial physical or mental abuse
U-1 must have law enforcement certification (Form I-918 Supplement B)
Sibling must be admissible to the US or obtain an inadmissibility waiver (Form I-192)
Sibling does not need to prove personal abuse or helpfulness to law enforcement
REQUIRED DOCUMENTS
Form I-918, Supplement A (derivative petition filed by U-1 principal)
Birth certificates proving sibling relationship and same parentage
Evidence that U-1 principal was under 21 at time of I-918 filing
Evidence that sibling was under 18 at time of filing
Biometrics (fingerprints, photo, signature) from sibling
Form I-192 (Application for Advance Permission to Enter as Nonimmigrant) if inadmissibility grounds apply
Passport or travel document for the sibling
Advantages & Considerations
Key Benefits
- No filing fees — all U nonimmigrant forms are exempt by statute
- No cap on U-5 derivatives (the 10,000 annual cap applies only to U-1 principals)
- Employment authorized incident to status — work authorization flows automatically from U-5 status
- Clear green card pathway after 3 years of continuous US presence
- Age-out protection: qualifying ages (U-1 under 21, sibling under 18) are locked at I-918 filing date, not adjudication date
- Deferred action and work authorization available during waiting list period before full U status is granted
- Inadmissibility grounds can be waived via Form I-192 on humanitarian grounds
- Green card application (I-485) is also fee-exempt for U nonimmigrants
Worth Knowing
- Extreme processing backlogs: BFD averages ~41 months; EAD issuance averages ~53 months from receipt
- USCIS suspended the streamlined BFD adjudication process as of February 4, 2025, reverting to standard review
- The U-1 cap backlog means petitions from 2017 are only being reached in 2025–2026
- Sibling must be unmarried and under 18 at filing — married or older siblings do not qualify for U-5
- Status only available when the U-1 principal was under 21 at time of filing; older U-1 principals cannot petition for siblings
- U-5 status depends entirely on the U-1 principal's petition remaining valid
- Extensions beyond 4 years require either law enforcement certification or proof of exceptional circumstances
- All petitions are filed exclusively with the USCIS HART Service Center (Vermont Service Center)
Application Process
U-1 principal files Form I-918 (Petition for U Nonimmigrant Status) with Supplement B law enforcement certification
Principal files Form I-918, Supplement A for the U-5 sibling (simultaneously or later)
Include evidence of sibling relationship, principal's age at filing, and sibling's age at filing
Submit biometrics for the sibling
If sibling is outside the US, complete consular processing steps
USCIS conducts Bona Fide Determination (BFD) review; if granted, sibling receives deferred action and may apply for EAD via Form I-765
If annual U-1 cap is met, petition is placed on waiting list; deferred action and work authorization continue during wait
When visa number is available, USCIS grants U-5 nonimmigrant status
After 3 years of continuous US presence in U status, file Form I-485 for green card (fee-exempt)
Application Forms
Go to application portal| I-918 Petition for U Nonimmigrant Status | Fill online |
| I-192 Application for Advance Permission to Enter as a Nonimmigrant | Fill online |
| I-765 Application for Employment Authorization | Fill online |
| I-539 Application to Extend/Change Nonimmigrant Status | Fill online |
| I-485 Application to Register Permanent Residence or Adjust Status | Fill online |
| I-929 Petition for Qualifying Family Member of a U-1 Nonimmigrant | Fill online |
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Living in United States
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