Can a car or work accident help me get my papers? (U visa)

Can an accident get me papers?

Not by itself. A car crash, a work injury, an injury claim, a lawsuit and a settlement are all about money for your injuries. None of them gives anyone immigration status, a work permit or a green card. No insurance company or civil court can grant those. Anyone who tells you a settlement will fix your papers is wrong.

There is one immigration benefit people sometimes connect with an injury: the U visa. It is real, but it is narrow. It is for victims of certain crimes, not victims of accidents, and most crashes and work injuries do not qualify. Here is how it works, so you can ask the right questions of the right person.

What is the U visa?

The U visa comes from federal law, 8 U.S.C. § 1101(a)(15)(U), and the rules at 8 C.F.R. § 214.14. In general, a person has to show all four of these:

• They were the victim of a qualifying crime: one on the list in the law, or a crime whose nature and elements are substantially similar to one on the list.
• They suffered substantial physical or mental abuse as a result.
• They have information about the crime and have been, are being or are likely to be helpful to the police, prosecutors, a judge or another authority investigating or prosecuting it.
• The crime happened in the United States or broke U.S. law.

The petition is USCIS Form I-918. It must include Supplement B, a certification signed by an official of the agency that investigated or prosecuted the crime, and signed within the six months before the petition is filed. Agencies decide for themselves whether to sign. Even a signed certification does not grant anything: USCIS, not the police, decides who gets a U visa.

Which crimes are on the list?

The law lists rape; torture; trafficking; incest; domestic violence; sexual assault; abusive sexual contact; prostitution; sexual exploitation; stalking; female genital mutilation; being held hostage; peonage; involuntary servitude; slave trade; kidnapping; abduction; unlawful criminal restraint; false imprisonment; blackmail; extortion; manslaughter; murder; felonious assault; witness tampering; obstruction of justice; perjury; fraud in foreign labor contracting; and an attempt, conspiracy or solicitation to commit any of them.

Notice what is not there: no traffic crime of any kind.

Does a car accident qualify for a U visa?

An ordinary crash does not. A driver who ran a red light, was texting, followed too close or changed lanes without looking was careless, and carelessness is what an injury claim is about. It is not a crime on the U visa list.

Even when the driver is charged with a traffic crime, such as drunk driving or leaving the scene, those crimes are not on the list either. They could count only if USCIS found that the crime's nature and elements are substantially similar to a listed crime, and that is not something anyone should assume.

A crash can involve a listed crime in narrower situations. One example is a driver who deliberately used the car to hurt someone, which can be investigated as a felony assault. Another is a crash death in which the driver is charged with manslaughter or murder; the federal rules allow certain family members of a person killed by murder or manslaughter to be treated as victims. Whether a particular Texas charge counts is a question USCIS decides case by case, and one an immigration lawyer has to assess with the actual police and court records.

Can a work accident help me get a U visa?

A work injury caused by unsafe conditions (a fall without fall protection, a machine without a guard, heat with no water or shade) is a serious wrong, and it can be the basis of an injury claim. By itself it is not a crime on the U visa list.

Some work situations are different. A worker forced to keep working to pay off a debt (peonage), kept on the job by threats or force (involuntary servitude or forced labor), brought here through trafficking or fraud in foreign labor contracting, or threatened to keep quiet or pay (extortion, witness tampering) may be the victim of a listed crime. The U.S. Department of Labor's Wage and Hour Division will consider signing U visa certifications for those kinds of crimes when they come up in a workplace it is investigating. Trafficking victims may also qualify for a separate T visa. If anything like this happened to you, tell an immigration attorney all of it.

How long does a U visa take?

A long time. The law allows only 10,000 principal U visas a year, and far more people apply. Petitioners who qualify but don't fit under the cap go on a waiting list. While they wait, USCIS grants deferred action or parole and may authorize work.

Since June 2021, USCIS has also used a bona fide determination: it can first review whether a pending petition is genuine and complete and, if so, grant deferred action and a work permit valid for four years while the petition waits its turn. Even that first step takes a long time, and the whole process is usually measured in years. USCIS posts current processing times on its website.

Federal enforcement policy toward people with pending petitions has also changed. In January 2025, Immigration and Customs Enforcement replaced its earlier policy that treated being a crime victim as a reason for leniency. In May 2026, a federal court in California put that 2025 policy on hold for certain people with pending petitions, and the case is ongoing. That is one more reason to get advice from an immigration lawyer on the day you decide, not from a website.

Who should I talk to about the U visa?

USCIS says only two kinds of people are allowed to give immigration legal advice: a licensed attorney and an accredited representative of an organization recognized by the U.S. Department of Justice. The Justice Department publishes a roster of recognized organizations and accredited representatives, and USCIS explains how to avoid immigration scams.

Be careful with notarios. In much of Latin America a notario is a lawyer. In Texas, a notary public is not, and Government Code § 406.017 forbids a notary who is not a licensed attorney from advertising as a “notario” or “notario público” or charging to represent anyone in an immigration matter. A promise that your accident will “fix your papers” is a warning sign.

Suerken Law handles injury claims. We do not handle immigration cases, and we will not tell you whether you qualify for a U visa. What we can do is refer you to immigration attorneys we know, and work alongside your immigration lawyer if you have one, since your medical and police records may matter to both cases.

Your injury claim does not depend on your papers

Whatever happens with immigration, your right to be paid for your injuries in Texas does not depend on your immigration status, and we never ask about it to help you. See I'm undocumented. Can I still get compensation? and rights of undocumented workers hurt on the job. If you are worried about what a claim could mean for you, read will filing an injury claim get me deported?

Don't put your injury claim on hold while you wait for an immigration answer. Most Texas injury claims must be filed within two years (Civil Practice and Remedies Code § 16.003), and evidence disappears much sooner. Once you hire us, we deal with the insurance companies. You talk with Jimmy directly, in English or Spanish, by phone, text, email or video call, and in person when needed, wherever you are in Texas.

Other ways people ask this

Can I get papers from a car accident settlement?

No. A settlement or court judgment is money for your injuries. It does not give immigration status, a work permit or a green card, and no insurer or civil court can grant those.

Does a car accident qualify for a U visa?

An ordinary crash caused by carelessness does not. The U visa list has no traffic crimes. A crash might involve a listed crime only in narrower cases, such as a driver who deliberately used the car as a weapon, and an immigration lawyer has to assess that.

Does a hit-and-run or drunk driver count for a U visa?

Those crimes are not on the federal list. They would count only if USCIS found them substantially similar to a listed crime, which no one should assume. Ask an immigration attorney with the police report in hand.

Can a work accident help me get a U visa?

An injury from unsafe conditions alone does not qualify. Being forced to work to pay a debt, held by threats, trafficked, defrauded in foreign labor recruiting or extorted can be crimes on the list.

How many U visas are given each year?

Up to 10,000 principal U visas per fiscal year. People who qualify beyond that go on a waiting list, and the process usually takes years.

Can a notario help me with a U visa?

No. In Texas a notary who is not a licensed attorney may not advertise as a notario or charge to represent you in an immigration matter. Use a licensed attorney or a DOJ-accredited representative.

Do I need papers to make an injury claim?

No. Your right to compensation in Texas does not depend on immigration status, and we never ask about it to help you.

Authority: 8 U.S.C. § 1101(a)(15)(U) · 8 C.F.R. § 214.14 (eCFR) · USCIS Policy Manual, Vol. 3, Part C: Victims of Crimes · DHS: U Visa, Immigration Relief for Victims of Certain Crimes · U.S. Department of Labor: U and T visa certifications · USCIS: Avoid scams · DOJ EOIR: Recognition and accreditation roster · Tex. Gov't Code § 406.017