U Visa and T Visa: When You’re the Victim of a Crime
Are you a victim of a crime that occurred in the United States? Are you scared to come forward because you fear deportation? Has law enforcement approached you to assist with prosecuting a crime?
If you answered yes to any of the above questions, you might qualify for a U visa or T visa. The Victims of Trafficking and Violence Protection Act of 2000 created two types of visas for victims of crimes in the United States. T nonimmigrant status and U nonimmigrant status allow you to stay in the United States and assist law enforcement.
Your cooperation with law enforcement agencies makes prosecuting human trafficking or other crimes easier and more effective. U visas and T visas remove the fear of deportation so you can feel comfortable collaborating with law enforcement agencies.
There is a limit to U visas and T visas u.s. citizenship and immigration services can offer, so your application must be complete and compelling to give you the best chance at approval.
What Is the Difference Between a T visa and a U visa?
Victims of human trafficking can apply for either a T visa or a U visa. To qualify for a T visa, an applicant must be in the U.S. because of human trafficking. T visa applicants must have been abducted, forced, or recruited to come to the U.S. For example, if you were brought to the U.S. and promised a job as a housekeeper but then trafficked in sex work, you would qualify for a T visa. T visa applicants must prove extreme hardship if forced to leave the U.S.
For a U visa, you must have been visiting the U.S. and been the victim of a crime (including human trafficking). You will be required to show proof of substantial physical or mental abuse from the crime.
What Are the Requirements For a U visa?
A U visa is for victims of crime who cooperate with law enforcement and qualifying family members. Serious crimes covered under U visas include domestic violence (also covered under VAWA), sexual assault, abduction, false imprisonment, witness tampering, extortion, and more. You can find a detailed list on the USCIS website.
You can apply for a U visa if you are in the United States or outside of the United States at the time of application. As a U-visa applicant you’ll need to provide:
- Form I-918, Petition for U Nonimmigrant Status
- law enforcement certification: A statement from a certifying law enforcement agency that you were helpful in their investigation.
- If any inadmissibility issues are present, request a waiver of the inadmissibility;
- A personal statement describing the criminal activity of which you were a victim; and
- Evidence of substantial physical or mental abuse due to the criminal activity.
What Are the Requirements For a T visa?
A T visa is limited to people trafficked into the United States. If approved, the T visa is granted for up to four years and can extend to immediate family members of a human trafficking victim. Human trafficking includes:
- sex trafficking: a severe form of trafficking where a person or organization recruits, harbors, transports, provides, solicits, patronizes, or obtains a human and forces or coerces them into sexual exploitation
- Labor trafficking: when a person or organization recruits, harbors, transports, provides or obtains a person for labor. They may force or coerce the person into involuntary servitude, peonage, debt bondage, or slavery.
To apply for a T-visa you’ll need:
- Form I-914, Application for T Nonimmigrant Status
- A personal statement about the trafficking
- evidence that you are admissible to the U.S.
- Proof that you cooperate with law enforcement in the prosecution of a qualifying crime.
- Proof that you’d experience extreme hardship if returned to your home country.
Why Do I Need a Psychological Evaluation?
A psychological evaluation can strengthen your case whether you need to prove extreme hardship for a T visa or substantial physical or mental abuse for a U visa. Our providers are skilled at documenting your story and making a compelling case for immigration court.
The application process for U and T visas is complex and made even more difficult by the trauma of being a victim of criminal activity. Our providers understand how victims of crime are affected mentally and physically by their experiences. We’ll guide you through the process of a psychological evaluation, so you have the best possible chance of a favorable outcome.
Let Us Help Make The Immigration Process Easier And Less Intimidating
Immigrating to the US is overwhelming thanks to complicated immigration laws and the stress of building a new life. That’s why we’re here. We offer a safe space to share your hardships and walk through the evaluation process with a kind, compassionate provider. To get started, schedule a FREE consultation with one of our providers to see if an immigration evaluation is suitable for your immigration case.
At the moment, due to COVID-19, all our immigration evaluation sessions are held online or via phone. We look forward to hearing from you!
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