Lawyers.com > Understand Your Legal Issue > Immigration > Crime Victims: "T" & "U" Visas & Status Adjustment

There are two categories of visas available to certain crime victims who are nonimmigrants, providing them with immigration protection: "T" and "U" visas. The T visa applies to people with T nonimmigrant status - victims of a severe form of human trafficking. U visas are reserved for crime victims who have suffered mental or physical abuse and agree to help law enforcement and government officials. Someone who has a T or U visa may be eligible to file for permanent residency in the US.

T and U visas were created under the Victims of Trafficking and Violence Protection Act in October 2000. US Citizenship and Immigration Services (USCIS) announced interim final rules in December 2008 allowing T or U visa holders to apply for adjustment of status and lawful permanent residency. Benefits run to both the government and crime victims. Investigations and prosecutions of crimes are more successful, and crime victims can receive important immigration benefits.

Applying for the U Visa

Form I-918 is the petition to apply for a U visa. You can file Form I-918 as a crime victim, or on behalf of a victim. Government officials, either federal, state or local, can use Form I-918, Supplement B, to certify the victim's situation and that he was, is, or is likely to be of help in prosecuting the crime. A crime victim's family members can petition for U visas on Form I-929.

Qualifying for a U Visa

You, or the person petitioning on your behalf, will have to show the following on Form I-918:

• You are the victim of a crime under § 101(a)(15)(U) of the Immigration and Nationality Act
• As a victim of a qualifying crime, you suffered mental or physical abuse
• You have information about the qualifying crime
• A federal, state or local government official certifies your assistance with the prosecution of the crime (either past, present or in the future)
• The crime violated US laws, or occurred in the US, its territories or possessions

What Kinds of Crimes Qualify?

Qualifying crimes for U visas include sexual crimes, murder, obstruction of justice and extortion. Form I-918 instructions contain a full list of crimes.

T Visas and Human Trafficking

The T visa, for T nonimmigrant status, provides protection for victims of a severe form of human trafficking. A T visa allows someone to stay in the US and help federal authorities investigate and prosecute human trafficking cases. Holders of T visas, like those with U visas, may qualify to apply for permanent residency.

A victim applies for a T visa on Form I-914, using Form I-914 Supplement A for eligible family members.

Qualifying for a T Visa

To qualify for a T visa, you must show that:

• You're in the US, American Samoa, or the Commonwealth of the Northern Mariana Islands due to human trafficking
• You are or have been a victim of a severe form of human trafficking
• You'd suffer extreme hardship, involving unusual and severe harm upon removal, and
• You've cooperated with reasonable requests from the authorities in trafficking investigations and prosecutions. This requirement doesn't apply when an applicant is under age 18

What Is a Severe Form of Trafficking?

An applicant shows that she was a victim of a "severe form of trafficking in persons" by showing that she was brought to the US:

• For the purpose of a commercial sex act by force, fraud or coercion, or was under age 18, or
• For labor or services induced by force, fraud or coercion, for the purpose of subjecting her to slavery, debt bondage or involuntary service

It's important to document your claim and arguments as best you can on your initial application for a visa.

Seeking Adjustment of Status

If you have a T or U visa, you may be able to adjust your status and become a permanent resident. To apply for an adjustment of status, you must have been lawfully admitted to the US as a T or U nonimmigrant, and hold that status when you apply for permanent residency. Use Form I-485 to apply.

If you're a T visa holder, you must show:

• That you've been physically present in the US continuously for three years since admission as a T nonimmigrant, or a continuous period during an investigation or prosecution of the trafficking crime. The Attorney General has to certify that the prosecution is complete
• Good moral character since your admission as a T nonimmigrant
• Continued cooperation with investigations or prosecutions of the trafficking crimes

U visa holders must show:

• Physical presence in the US for a three-year continuous period since admission as a U nonimmigrant, and
• No unreasonable refusal to assist in criminal investigations and prosecutions

Scope of Program for Adjustment of Status

Family members can apply for adjustment of status if the principal T or U visa holder is eligible for adjustment of status, and an application is filed at the same time, is pending, or has already been approved.

USCIS can grant adjustment of status in any fiscal year for up to 5,000 T nonimmigrants. This limit doesn't apply to adjustment of status for U nonimmigrants. The cap doesn't apply to eligible family members, either.

Questions for Your Attorney

• What are the fees for applying for a T or U visa, and for seeking permanent resident status? Is financial aid available from government or private sources?
• If I have a T or U visa, will that status authorize me to work? How about my family members?
• Are there limits on which family members can apply for T or U visas and permanent residency? Are extended family members eligible or just spouses and children?

Related Resources on Lawyers.com^sm

- Immigrant Visa FAQ
- Immigration articles and information
- Find an Immigration Law lawyer in your area
- Visit the Immigration US Issues message boards for more help