ALEJANDRO ROQUE., ESQ. | IMMIGRATION & CRIMINAL LAW ATTORNEY

Visas U | Visas T 

What exactly is a U visa?

The Human Trafficking Victims Protection Act of 2000 established the U visa to protect certain noncitizen crime victims who are aiding or willing to assist in the investigation or prosecution of criminal conduct. A U visa allows the victim to reside and work in the United States and may result in the dismissal of any lawsuit filed against the noncitizen in immigration court.

Non-citizens with pending or granted U visa applications may be eligible for a work permit. When a U visa application is approved within the United States, the applicant is automatically granted a work permit. If family members listed on the victim's application are qualified to work, they may apply for a work visa.

Each year, up to 10,000 U visas are available for primary applicants. Spouses and unmarried children of U visa applicants (and, if the applicant is under 21, parents and unmarried minor siblings) may also be eligible to be included on the victim's petition. The number of visas allowed for dependent relatives is unlimited.

Who is eligible for a U visa?

To be eligible for a U visa, the applicant must meet these requirements:

• As a result of being a victim of specific criminal acts, you must have experienced “severe physical or mental abuse.” Rape, torture, trafficking, incest, domestic violence, sexual assault, abusive sexual contact, prostitution, sexual exploitation, female genital mutilation, being held hostage, peonage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, blackmail, extortion, involuntary manslaughter, murder, felonious assault, witness tampering, obstruction of justice, perjury The unlawful behavior must have violated U.S. laws or occurred in the U.S. or one of its territories or possessions.
• It is necessary to be aware of illegal behavior.
• It must have been, or be expected to be, helpful to a federal, state, or local investigation or prosecution of the unlawful conduct. For children under 16, a parent, guardian, or "close friend" with knowledge of the unlawful conduct may be the one to assist law enforcement authorities.
• A certification from a law enforcement officer, prosecutor, judge, Department of Homeland Security (DHS), or other federal or state authorities investigating or prosecuting the illegal action is required; and
• You must be admissible under immigration law or qualify for a waiver of inadmissibility.

How long are U visas valid for?

A U visa is valid for a period of up to four years. It may be extended if the certifying law enforcement agency verifies that the U visa holder is required to remain in the U.S. to cooperate with the investigation or prosecution.

After three years of continuous presence in the United States, a U visa holder may apply for LPR status if he or she meets certain requirements, has not refused to cooperate in a criminal investigation or prosecution, and can demonstrate that remaining in the country is related to humanitarian need, will promote family unity, or is in the public interest. There is no numerical restriction on the number of U visa holders who may apply for LPR status each year.

Who is eligible for a T visa?

The T nonimmigrant status (T visa) is reserved for those who are or have been victims of human trafficking and are willing to assist law enforcement in the investigation or prosecution of trafficking acts. The T nonimmigrant visa allows victims to remain in the United States to assist federal authorities in the investigation and prosecution of human trafficking cases.

To qualify for T nonimmigrant status you must:

• Being or having been a victim of serious human trafficking.
• Be physically present in the United States, American Samoa, or the Commonwealth of the Northern Mariana Islands, or at a port of entry due to trafficking.
• Comply with any reasonable request from a law enforcement agency for assistance in the investigation or prosecution of human trafficking.
• Show that you would suffer extreme hardship involving serious and unusual harm if you were removed from the United States.