U Visa and T Visas: Protection for Crime and Trafficking Victims
Introduction
The U visa and T visa are two humanitarian immigration benefits created specifically for victims of serious crimes and human trafficking. Both provide work authorization and a potential pathway to permanent residency, and both require cooperation with law enforcement.
The U Visa: Victims of Crime
The U visa is available to victims of qualifying criminal activity who have suffered substantial physical or mental abuse and who are helpful to law enforcement in the investigation or prosecution of that criminal activity. Qualifying crimes include domestic violence, sexual assault, human trafficking, kidnapping, extortion, fraud in foreign labor contracting, and many others.
U Visa Requirements and Process
To apply for a U visa, the victim must obtain a certification signed by a qualifying law enforcement agency, prosecutor, or judge. Only 10,000 U visas are available per year and demand far exceeds supply, resulting in a lengthy waiting list. Petitioners on the waitlist receive deferred action and work authorization while they wait.
The T Visa: Victims of Human Trafficking
The T visa is specifically for survivors of severe forms of human trafficking. Applicants must be a victim of a severe form of trafficking, be physically present in the U.S. as a result of trafficking, comply with any reasonable law enforcement request, and demonstrate that they would suffer extreme hardship if removed.
Benefits of U and T Visas
Both visas provide four years of legal status, work authorization, and access to certain public benefits. After three years in T status or four years in U status, recipients may be eligible to apply for a Green Card. Family members may also be eligible for derivative benefits.
Conclusion
The U and T visas are lifelines for vulnerable individuals who have survived terrifying ordeals. If you or someone you know may qualify, consulting an immigration attorney promptly is strongly encouraged.
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