U and T Visa Law Enforcement Resource Guide
Immigration Relief for Survivors: T and U Nonimmigrant Status
The U.S. government offers two crucial humanitarian visa categories—the T Nonimmigrant Status (T Visa) and the U Nonimmigrant Status (U Visa)—designed to protect victims of specific crimes and human rights abuses while encouraging their cooperation with law enforcement. These visas provide a pathway to safety, work authorization, and eventually, a Green Card.
The U Visa: Protection for Victims of Crime
The U Visa is available to victims who have suffered substantial physical or mental abuse as a result of qualifying criminal activity, such as domestic violence, sexual assault, trafficking, kidnapping, or stalking. A key requirement is obtaining a certification from a law enforcement agency (using Form I-918 Supplement B) confirming the victim’s helpfulness in the investigation or prosecution of the crime.
The T Visa: A Sanctuary for Trafficking Victims
The T Visa offers protection to victims of severe forms of human trafficking (both labor and sex trafficking). To qualify, a victim must prove they are physically present in the U.S. due to the trafficking, have cooperated with reasonable law enforcement requests, and would suffer extreme hardship if deported. The T Visa acknowledges the profound trauma and vulnerability of trafficking survivors.
A Path to Permanent Residency
Both T and U Visas are temporary, typically granted for four years, but they offer the ultimate goal of lawful permanent residency. After maintaining T or U status for a statutory period (usually three years) and meeting specific requirements—such as continuous physical presence and demonstrating that removal would be against the public interest (U Visa) or cause extreme hardship (T Visa)—the holder can apply to Adjust Status and obtain a Green Card.
These nonimmigrant statuses are vital tools that place the victim’s safety and rehabilitation above technical immigration violations, recognizing their courage and contribution to justice.
USCIS issued a policy alert providing guidance on customer service procedures for persons protected by the confidentiality provisions found at 8 USC §1367(a)(2), including VAWA self-petitioners as well as those seeking T and U nonimmigrant status. These updates are vital for those applying for a nonimmigrant visa.
