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U-5 — Sibling of U-1 (if U-1 under 21)
VisasUnited StatesU-5 — Sibling of U-1 (if U-1 under 21)
United StatesUnited States•North America
Open

U-5 — Sibling of U-1 (if U-1 under 21)

Residency Pathway PR PathwayThis visa can lead to permanent residency, the right to live and work here indefinitely without renewing your visa. Remote Work

At a Glance

Processing Time

3–5 years

Varies by processing route

Estimated Cost

Free

Stay Duration

4 years

Renewable

Renewal

Renewable

Family

No dependents

PR Pathway

Yes

Sponsor

No job offer needed

Work

Remote work OK

Apply Now Official Information
United States flag

Living in United States

Cost of Living
Baseline
Avg Salary$52,000
Quality of Life
185/200
Full Country Guide

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.

United States

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Cost Breakdown

Form I-918 (U-1 petition)USD $0
Form I-918, Supplement A (U-5 derivative petition)USD $0
Form I-765 (Employment Authorization)USD $0
Form I-192 (Inadmissibility Waiver)USD $0
optional
Form I-485 (Adjustment of Status / Green Card)USD $0
optional

Processing Time

Bona Fide Determination (BFD)3–4 years
EAD Issuance (from BFD/waiting list)4–5 years

Stay & Extensions

Initial grant4 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

1

U-1 principal files Form I-918 (Petition for U Nonimmigrant Status) with Supplement B law enforcement certification

2

Principal files Form I-918, Supplement A for the U-5 sibling (simultaneously or later)

3

Include evidence of sibling relationship, principal's age at filing, and sibling's age at filing

4

Submit biometrics for the sibling

5

If sibling is outside the US, complete consular processing steps

6

USCIS conducts Bona Fide Determination (BFD) review; if granted, sibling receives deferred action and may apply for EAD via Form I-765

7

If annual U-1 cap is met, petition is placed on waiting list; deferred action and work authorization continue during wait

8

When visa number is available, USCIS grants U-5 nonimmigrant status

9

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

Verified Claims (28)

Last verified May 30, 2026
Application Steps
U-1 principal files Form I-918 (Petition for U Nonimmigrant Status) with Supplement B law enforcemen…
uscis.gov
Can Convert To
us-green-card
uscis.gov
Fee Breakdown
Form I-918 (U-1 petition): 0 USD; Form I-918, Supplement A (U-5 derivative petition): 0 USD; Form I-…
uscis.gov
Fees
No filing fees (all U nonimmigrant forms are fee-exempt by statute)
uscis.gov
Forms
I-918 (Petition for U Nonimmigrant Status — filed by U-1 principal); I-918, Supplement A (Petition f…
uscis.gov
Forms · I-192 · description
Application for Advance Permission to Enter as a Nonimmigrant
uscis.gov
Forms · I-485 · description
Application to Register Permanent Residence or Adjust Status
uscis.gov
Forms · I-539 · description
Application to Extend/Change Nonimmigrant Status
uscis.gov
Apply Now Official Information
United States flag

Living in United States

Cost of Living
Baseline
Avg Salary$52,000
Quality of Life
185/200
Full Country Guide

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