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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

Bona 3–4 yr · EAD 4–5 yr

Application Fee

Free

Stay Duration

4 years

Renewable
No dependents
PR pathway
No job offer needed
Remote work OK
Apply Now Official Information
United States flag

Living in United States

Cost of Living
Baseline
Avg Salary$51,000
Quality of Life
186/200
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.

Fee Breakdown

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

Processing Tracks

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

ELIGIBILITY 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$51,000
Quality of Life
186/200
Full Country Guide

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