Immigrant Victims of Crime and Trafficking (U & T Visas)
The U Visa and T Visa categories were created so that crime and human trafficking victims have the opportunity to gain legal status in the United States. The victim’s family members may also gain legal status if they meet certain requirements and are included in the visa application. These applications are very detailed and there are many specific requirements for eligibility. If you are considering applying for one of the visas, please contact Frontera Law. Our attorneys will usher clients through every step of the process.
U Visa
- The applicant must be the victim of a qualifying crime occuring in the United States or a territory of the United States;
- The applicant must have suffered significant physical or mental harm due to the crime;
- The person must cooperate with law enforcement to help with the prosecution or investigation of the crime;
- A relevant law enforcement agency must certify that the applicant cooperated with the prosecution or investigation.
USCIS has identified 28 crimes that qualify the victim for a U Visa application. The crimes are:
» Abduction
» Abusive Sexual Contact
» Blackmail
» Domestic Violence
» Extortion
» False Imprisonment
» Felonious Assault
» Female Genital Mutilation
» Fraud in Foreign Labor Contracting
» Hostage
» Incest
» Involuntary Servitude
» Kidnapping
» Manslaughter
» Murder
» Obstruction of Justice
» Peonage
» Perjury
» Prostitution
» Rape
» Sexual Assault
» Sexual Exploitation
» Slave Trade
» Stalking
» Torture
» Trafficking
» Witness Tampering
» Unlawful Criminal Restraint
The processing time for a U Visa is often significant and may take several years. However, while waiting for the official decision, applicants may be placed in deferred action status, which allows them to lawfully live and work in the United States with a valid work permit.
Yes, by law only 10,000 U Visas may be issued per year. However, USCIS continues to review applications after the 10,000 cap is reached. Applicants may be placed in deferred action status until U visas become available to them.
U Visas are valid for up to four years unless the visa holder qualifies for an extension (this is only applicable in very limited circumstances). U Visa holders may apply for a green card after having had the visa for at least three years, but before the visa expires.
One of the requirements for U Visa eligibility is cooperation with law enforcement. The applicant must show that he or she was, is or is likely to be, helpful in the investigation or prosecution of the crime.
Yes. If you are applying for a U Visa for yourself, you can also file for U visas for close family members as “derivatives.” Applicants who are over 21 can include their spouse and any unmarried children under the age of 21. Applicants who are under 21 can include their spouse, any unmarried children, their parents, and unmarried siblings under the age of 18.
However, before adding family members to the application as derivatives, be sure to speak with your attorney. Family members may qualify for other visas as well.
Yes. If you are granted a U Visa you will also receive a work permit. Work permits are issued to visa applicants as well, after they have been placed in deferred action status while awaiting the outcome of their application.
Yes. U VIsa holders may apply for a Green Card after having had the visa for at least three years, but before the visa expires. Note that there are several specific requirements that must be met for your Green Card application to be approved. Frontera Law attorneys can guide you through the process to ensure that a strong application is submitted.
If you or a family member have been the victim of a crime or you are unsure if you qualify for a U Visa, please contact Frontera Law for a consultation.
T Visa
The T visa is a nonimmigrant visa which provides legal status to certain victims of severe forms of trafficking.
The T Visa was created to help combat human trafficking and provide immigration relief to trafficking victims. Eligibility for a T Visa includes the following:
- The applicant must be a victim of severe human trafficking;
- The applicant must be residing in the United States as a result of the human trafficking;
- In most cases the applicant must cooperate with law enforcement to help with the prosecution or investigation of the crime (but there are some exceptions); and
- If deported from the United States, the applicant will likely suffer extreme hardship.
The Trafficking Victims Protection Act defines severe human trafficking as follows:
- Sex trafficking: the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purpose of a commercial sex act, in which the commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; and
- Labor trafficking: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
The processing time for a T Visa varies but could be significant and often takes over a year for approval.
Yes. By law only 5,000 T Visas may be issued per year. However, to date, the T Visa annual cap has not been reached.
T Visas are valid for up to four years unless the visa holder qualifies for an extension (this is only applicable in very limited circumstances). T Visa holders may apply for a green card after having had the visa for at least three years, but before the visa expires.
Yes. If you are applying for a T Visa for yourself, you can also file for T visas for close family members as “derivatives.” Applicants who are over 21 can include their spouse and any unmarried children under the age of 21. Applicants who are under 21 can include their spouse, any unmarried children, their parents, and unmarried siblings under the age of 18.
Some family members may also qualify as derivatives regardless of the applicant’s age if they are put in danger as a result of the applicant’s escape from the trafficker or cooperation with law enforcement.
Yes. If you are granted a T Visa you are also automatically granted work authorization and do not need to apply for a work permit. However, if your family members receive T Visas as derivatives to your application, they will then need to submit individual work authorization applications.
Individuals who apply for a U visa must prove that they suffered substantial physical or mental abuse due to a qualifying crime and T Visa applicants must be victims of trafficking.
If you or a family member have been the victim of trafficking or you are unsure if you qualify for a T Visa, please contact Frontera Law for a consultation.
