U-Visa vs. T-Visa: Understanding Protections for Crime and Human Trafficking Victims
Victims of serious crimes or human trafficking may be eligible for humanitarian immigration relief through U-Visas and T-Visas, which provide legal status, work authorization, and a path to permanent residency in the U.S.
Key Takeaways:
Survivors of domestic violence, sexual assault, kidnapping, and other serious offenses who assist law enforcement may qualify for legal status through U-Visas and a Green Card after three years.
Victims of labor or sex trafficking can obtain legal status, work permits, and federal benefits through T-Visas, with no annual cap on approvals.
Working with an experienced immigration lawyer ensures proper documentation, increases approval chances, and helps applicants avoid costly delays.
If you or someone you love has been a victim of a serious crime or human trafficking (forced labor/labor without pay), you may be eligible for humanitarian immigration relief in the U.S. The U-Visa and T-Visa programs offer protection, legal status, and a path to permanent residency for those who have suffered abuse or exploitation.
Though the process is complex, there are survivors who secure legal protection, work authorization, and a fresh start in the United States everyday! If you’re unsure which visa best applies to your situation, this guide will break down the key differences between them and the steps you can take to move forward.
What Are the U-Visa and T-Visa?
The U-Visa and T-Visa were created to encourage victims of crimes and human trafficking to come forward without fear of deportation. Both visas provide a legal status, allow recipients to work in the U.S., and eventually provide a path to a green card. However, there are critical differences in who qualifies, the type of crimes covered, and the requirements for applying.
Understanding U-Visa
A U-Visa is for victims of certain serious crimes who have suffered mental or physical abuse and are willing to help law enforcement in an investigation or prosecution. To be eligible, a person must:
Be a victim of a qualifying crime
Have suffered substantial physical or mental abuse as a result of the crime
Cooperate with law enforcement or government officials in an investigation or prosecution (which law enforcement must certify)
Be admissible to the U.S. (or apply for a waiver if needed)
Not all crimes qualify for a U-Visa, but the most common include:
Domestic violence
Sexual assault
Felonious assault
Kidnapping
Manslaughter/murder
Human trafficking
Extortion/blackmail
Stalking
Obstruction of justice
Witness tampering
Those granted a U-Visa benefit from having legal status in the United States for up to four years, work authorization, a path to a green card after three years, and more! However, there is a cap of 10,000 on the amount of U-Visas issued every year, so the waiting list is extensive.
Applying for a U-Visa
Applying for a U-Visa involves multiple steps and requires strong documentation to prove your eligibility. Below is a detailed breakdown of the process to help you understand what to expect and how to prepare your application effectively. Working with an immigration lawyer that is experienced in U-Visa applications is the best way to ensure that everything is done correctly and that you avoid costly delays.
Get Law Enforcement Certification (Form I-918B)
One of the most critical requirements for a U-Visa is proving that you have cooperated with law enforcement in the investigation or prosecution of the crime committed against you. To do this, you must obtain Form I-918, Supplement B (Law Enforcement Certification) from an official agency, such as your local or state police department, the FBI or other federal law enforcement agencies, prosecutors, district attorneys, or judges involved in the case.
Complete the U-Visa Petition (Form I-918)
Once you have obtained the law enforcement certification, you must complete Form I-918 (Petition for U Nonimmigrant Status), which is the primary application for your U-Visa. This form requires details about the crime you experienced, how you assisted law enforcement, and how the crime impacted you physically and emotionally in the form of a personal statement. It’s critical to be as detailed as possible to establish your credibility, as missing or unclear information can delay your application or lead to a denial.
Include Supporting Evidence
To further prove your eligibility for a U-Visa, you need strong supporting documentation that backs up your claims. This may include police reports detailing the crime, medical records showing injuries you sustained, psychological evaluations you may have undergone as a result of the emotional trauma you experienced, court records or protective orders related to the crime, and more. Again, the more evidence you provide, the stronger your case and your chances for approval.
File a Waiver (Form I-192) if Needed
If you have certain inadmissibility issues (such as a past immigration violation or criminal record), you may need to apply for a waiver using Form I-192 (Application for Advance Permission to Enter as a Nonimmigrant).
Understanding T-Visas
A T-Visa is specifically for victims of human trafficking who have been brought to or kept in the U.S. through force, fraud, or coercion. Unlike the U-Visa, which covers a wide range of crimes, the T-Visa is limited to human trafficking cases.
There are two types of human trafficking covered: sex trafficking, which is defined as being forced, coerced, or deceived into commercial sex acts, and labor trafficking, which is being forced to work under exploitative conditions through threats, coercion, or deception.
To be eligible, a person must:
Be a victim of severe human trafficking (labor or sex trafficking)
Be physically present in the U.S. due to trafficking
Cooperate with law enforcement (unless under 18 or facing severe trauma)
Show they would suffer extreme hardship if removed from the U.S.
Those granted a T-Visa benefit from having legal status in the United States for up to four years, work authorization, a path to a green card after three years, access to certain federal benefits, and more! Unlike the U-Visa, there is no annual cap on how many T-Visas can be issued.
Applying for a T-Visa
Applying for a T-Visa is similar to the U-Visa process in that it requires strong documentation and careful preparation. Moreover, working with an immigration lawyer that has extensive experience with T-Visa applications can put you in the best possible position for a successful approval. Below is a detailed breakdown of the steps involved in the application process.
Complete the T-Visa Petition (Form I-914)
The first step in the T-Visa process is completing Form I-914 (Application for T Nonimmigrant Status). This is the main application that establishes your eligibility, and you’ll be required to give details about how you were trafficked into the U.S., how force, fraud, or coercion was used to control you, how you assisted law enforcement, and more.
Conversely to the U-Visa, if the applicant is under 18 or cooperating with law enforcement would cause extreme trauma, assisting in an investigation is not required to qualify.
Submit Evidence of Human Trafficking
To strengthen your case, you must provide evidence proving you were a victim of human trafficking. The more documentation you submit, the stronger your case will be. Examples of evidence that can support your application include affidavits (written statements) describing your experience, law enforcement reports, court records, and more.
Provide Proof of Extreme Hardship if Removed from the U.S.
One key requirement for a T-Visa is proving that returning to your home country would cause extreme hardship. You must demonstrate that being deported would put you at risk of serious harm, danger, or re-trafficking. Your hardship claim should be supported with official reports, country condition statements, and expert testimony, which a skilled immigration attorney can help you gather. The stronger your evidence, the better your chances of approval.
Include Medical or Psychological Evaluation to Support Your Case
Many trafficking survivors experience severe physical and emotional trauma. Submitting medical or psychological evaluations can strengthen your case by proving the impact trafficking had on your health. This may include doctor’s reports, therapists or counselor evaluations, hospital records, and more. A licensed mental health professional or medical provider should provide a detailed report explaining how trafficking harmed you and why ongoing care is necessary.
Trust Mangone Law Firm to Fight For Your American Dream. Contact Us Today!
Our lead attorney, Auguy Mangone, is a proud Latina immigrant herself. Not only does she have more than 15 years of experience guiding individuals through the immigration process, but she also understands the personal struggles that you may be facing as you work toward solidifying your future in the United States.
Each client we work with benefits from an unmatched level of personal attention, and we stand by your side through each step of the U-Visa and T-Visa process! We also offer payment plans, so you can have peace of mind about your finances as we move forward.
Call our firm today to book your initial consultation where we can discuss your situation to determine whether you qualify for a U-Visa or T-Visa, then go over your next steps - se habla español. It’s time you become the hero of your story!