The U.S. offers specific nonimmigrant visas to individuals who are victims of human trafficking and certain other crimes. These visas, known as T and U visas, provide a pathway for victims to remain in the United States to assist in the investigation or prosecution of crimes and to access certain protections and benefits.
T Visa (Victims of Human Trafficking)
Key Features
Eligibility Criteria
Required Documents
Key Features
- Purpose: Provides protection to victims of severe forms of human trafficking.
- Duration: Initially granted for up to 4 years, with the possibility of extensions.
- Work Authorization: Allows the holder to apply for employment authorization.
- Path to Green Card: T visa holders may be eligible to apply for lawful permanent resident status after three years.
Eligibility Criteria
- Victim of Trafficking: Must be a victim of severe forms of trafficking, which includes sex trafficking or labor trafficking where force, fraud, or coercion was used.
- Presence in the U.S.: Must be physically present in the U.S., American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry due to trafficking.
- Compliance with Law Enforcement: Must comply with any reasonable request from a law enforcement agency for assistance in the investigation or prosecution of human trafficking (unless under the age of 18 or unable to cooperate due to trauma).
- Extreme Hardship: Must demonstrate that removal from the U.S. would result in extreme hardship involving unusual and severe harm.
Required Documents
- Form I-914: Application for T Nonimmigrant Status.
- Evidence of Trafficking: Documentation or testimony proving the applicant’s victimization.
- Personal Statement: A detailed account of the trafficking experience.
- Law Enforcement Certification (Optional): Form I-914B, Declaration of Law Enforcement Officer for Victim of Trafficking in Persons, is strongly recommended but not required.
U Visa (Victims of Certain Crimes)
Key Features
Eligibility Criteria
Required Documents
Key Features
- Purpose: Provides protection to victims of certain crimes who have suffered substantial mental or physical abuse and are helpful to law enforcement in the investigation or prosecution of criminal activity.
- Duration: Initially granted for up to 4 years, with the possibility of extensions.
- Work Authorization: Allows the holder to apply for employment authorization.
- Path to Green Card: U visa holders may be eligible to apply for lawful permanent resident status after three years.
Eligibility Criteria
- Qualifying Crime Victim: Must be a victim of a qualifying crime, such as domestic violence, sexual assault, human trafficking, or other serious crimes.
- Suffered Abuse: Must have suffered substantial physical or mental abuse as a result of the crime.
- Helpful to Law Enforcement: Must possess information about the criminal activity and be helpful (or likely to be helpful) in the investigation or prosecution of the crime.
- Location: The crime must have occurred in the U.S. or violated U.S. laws.
Required Documents
- Form I-918: Petition for U Nonimmigrant Status.
- Law Enforcement Certification: Form I-918B, U Nonimmigrant Status Certification, signed by a law enforcement official, confirming the applicant’s helpfulness in the investigation or prosecution.
- Personal Statement: A detailed account of the criminal activity and the harm suffered.
- Evidence of Victimization and Abuse: Medical records, police reports, court documents, or other evidence supporting the claim.
Application Process for T and U Visas
- Complete Forms: Submit the appropriate forms (I-914 for T visas, I-918 for U visas) and supporting documents.
- Submit Application: File the application with U.S. Citizenship and Immigration Services (USCIS).
- Biometrics: Applicants may need to attend a biometrics appointment.
- Adjudication: USCIS reviews the application and makes a determination based on the evidence provided.
- Receive Visa: If approved, the applicant receives T or U nonimmigrant status and may apply for work authorization.
Costs
| Expense | Cost (USD) |
|---|---|
| Form I-914/I-918 Filing Fee | Fee waived for T and U visas |
| Biometrics Fee | May be waived |
Visa Processing Time
- Processing Time: Processing times for T and U visas can vary significantly, often taking several months or even years, due to the complexity of the cases and the annual cap on U visas.
Key Points to Remember
- Annual Cap for U Visas: There is a statutory limit of 10,000 U visas per fiscal year, not including family members. Once the cap is reached, eligible applicants may be placed on a waiting list.
- Family Members: Certain family members may be eligible to apply as derivatives on both T and U visas, including spouses, children, parents (if the applicant is under 21), and unmarried siblings (if the applicant is under 21).
- Confidentiality Protections: T and U visa applicants benefit from certain confidentiality protections, ensuring that their information is not disclosed to the public or unauthorized parties.
- Adjustment of Status: T and U visa holders can apply for a Green Card (lawful permanent residence) after meeting specific requirements, such as continuous presence in the U.S. and continued cooperation with law enforcement.
Conclusion
The T and U visas provide essential protections and support to victims of human trafficking and other serious crimes. These visas not only offer a safe haven in the U.S. but also encourage victims to assist law enforcement in investigating and prosecuting criminal activities. Through these programs, victims gain access to important benefits, including work authorization and the possibility of becoming lawful permanent residents.
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