U and T Visas

Qualifying Crimes

U-Visa applicants must be victims of the following types of crimes: Abduction, Abusive Sexual Contact, Blackmail, Domestic Violence, Extortion, False Imprisonment, Female Genital Mutilation, Felonious Assault, Fraud in Foreign Labor Contracting, Hostage, Incest, Involuntary Servitude, Kidnapping, Manslaughter, Murder, Obstruction of Justice, Peonage, Perjury, Prostitution, Rape, Sexual Assault, Sexual Exploitation, Sexual Trade, Stalking, Torture, Trafficking, Witness Tampering, or Unlawful Criminal Restraint.

Victims of any attempt, conspiracy, or any solicitation to commit any of the above offenses may also be eligible.

We recommend that you consult with a qualified U-Visa attorney because criminal laws can significantly vary across the United States, which in turn can affect your eligibility for the U-Visa.

Certification Form

The U-Visa must include a signed certification form (the I-918 Supplement B form) from law enforcement attesting that you are a victim of a qualifying crime and that you cooperated with them in their investigation. Zealous representation by an experienced attorney is a necessity in obtaining this form because law enforcement is under no obligation to sign and many departments refuse to sign simply because they do not know what the certification form is or what it means.

Filing Your U-Visa and Adjustment of Status

Once a signed certification form is obtained, then your U-Visa may be filed with USCIS. Once approved, you are granted U Nonimmigrant Status (U Status), which entitles you to an Employment Authorization Document (EAD), otherwise known as a work permit, and authorization to stay in the United States. Once you have resided in the United States for three years while in U Status, you may apply for Legal Permanent Resident Status (Green Card) within the United States.

Derivatives

Certain family members of U-Visa applicants may also apply for the U-Visa depending on the age of the main applicant. If you are over the age of 21, then your spouse and children under the age of 21 may apply with you. If you are under the age of 21, then your spouse, children, parents, and unmarried siblings under the age of 18 may apply with you

T-Visa

The T-Visa is available for victims of human trafficking. A T-visa:

• Protects you from deportation,
• Gives you employment authorization (work permit)
• Can lead to legal permanent residency (green card)
• For both the victim and their immediate family.

T Visa Eligibility

In order to qualify for a T-Visa, you must

• Have been brought to the United States by fraud, force, or coercion,
• For the purpose of commercial sex acts or labor
• In most circumstance, cooperate with the authorities to take down the traffickers
• Show you would suffer extreme hardship if you were removed from the United States.

Process

There are several steps that are necessary in a T-Visa case.

• First, we will attempt to get a declaration of law enforcement support. Unlike the U-Visa, this is not necessary to apply for a T-Visa but is very helpful
• Second, gather other evidence of your trafficking
• Third, submit the application to USCIS
• Fourth, wait while USCIS processes your application
• Finally, three years after you receive your T-Visa, we begin the process to adjust your status to that of a legal permanent resident (green card).

Derivatives

If you believe that your family is in danger due to your cooperation with law enforcement, then you can apply for derivative status for your parents, all of your children, regardless of age or marital status, and all siblings under the age of 18. If we cannot show that your family is in danger, then the same rules apply as for the U-Visa