Immigration Options for Survivors of Crime and Trafficking: A Guide to U and T Visas

Survivors of crime and human trafficking often face more than the trauma of what they endured. Many are left with fear, instability, and uncertainty about their future in the United States. Immigration law recognizes these realities and offers pathways to safety and legal status through two forms of relief — the U visa and the T visa.

These visas offer survivors more than just temporary protection. They offer stability, the ability to work legally, and, in many cases, a path toward permanent residence. Understanding how each option works, who qualifies, and what the process looks like can help survivors and their advocates take important steps toward recovery and security.

Keep reading to learn more about the U and T visas.

What Is a U Visa?

The U visa was created in 2000 under the Victims of Trafficking and Violence Protection Act. It is designed for survivors of certain serious crimes who have suffered mental or physical harm and are willing to assist law enforcement in investigating or prosecuting the crime.

Qualifying crimes include domestic violence, sexual assault, trafficking, kidnapping, stalking, and many others. Importantly, the applicant does not have to be the victim of every possible crime — only those listed in federal law.

A core feature of the U visa is its focus on cooperation. To apply, survivors must obtain a certification (Form I-918, Supplement B) from law enforcement, a prosecutor, a judge, or another authority confirming their helpfulness in the case. Without this certification, the application cannot move forward.

If granted, a U visa provides up to four years of lawful status in the United States. Visa holders also receive work authorization and may eventually apply for a green card after maintaining U status for three years.

What Is a T Visa?

The T visa was also established in 2000, specifically to protect survivors of human trafficking. Human trafficking takes many forms, including forced labor, involuntary servitude, debt bondage, and sex trafficking. Survivors may be adults or children, and they may have been trafficked either across borders or within the United States.

Unlike the U visa, which requires a broad showing of cooperation with law enforcement, the T visa strikes a balance between protecting survivors and efforts to combat trafficking networks. 

To qualify, applicants must:

• Show that they are victims of severe trafficking.
• Demonstrate that they are physically present in the U.S. as a result of trafficking.
• Cooperate with law enforcement in investigating or prosecuting trafficking, unless they are under 18 or unable to do so due to trauma.
• Prove that they would suffer extreme hardship if removed from the U.S.

A T visa provides four years of lawful status, work authorization, and access to certain federal benefits that can help survivors rebuild their lives. Like the U visa, it can lead to a green card after meeting certain requirements.

Key Differences Between U and T Visas

At first glance, U and T visas may look similar — they both protect survivors and create a path to permanent residency. But the differences matter, especially for applicants deciding which route to pursue.

• Type of crime: U visas cover a wide range of crimes, while T visas are limited to human trafficking.
• Law enforcement certification: A U visa cannot proceed without law enforcement certification. For T visas, law enforcement cooperation helps but is not always required, particularly for minors or severely traumatized survivors.
• Hardship requirement: T visa applicants must demonstrate that deportation would cause extreme hardship. This is not a requirement for U visas.
  
• Availability: Congress limits U visas to 10,000 per year, creating a significant backlog. T visas have a significantly smaller annual cap (5,000), but fewer applications are typically filed, resulting in shorter wait times.

Benefits of U and T Visas

Both visas extend crucial benefits to survivors who often have nowhere else to turn:

• Protection from deportation: Survivors can remain in the U.S. lawfully.
• Work authorization: This allows them to earn income and support themselves and their families.
• Derivative status: Family members, including spouses, children, and in some cases parents or siblings, may also qualify for protection.
• Path to permanent residency: After meeting statutory requirements, both visas can lead to a green card, creating long-term stability.

These benefits recognize that survivors cannot rebuild their lives without both safety and the ability to participate fully in society.

Challenges in the Application Process

Applying for either visa is far from simple. Survivors must gather evidence, complete detailed forms, and often recount traumatic experiences in sworn statements. Many must also navigate the complexities of dealing with law enforcement or prosecutors, particularly when trust is fragile.

For U visas, the greatest challenge is often the backlog. Because demand far exceeds the annual cap, applicants frequently wait years in deferred action status before receiving a visa. For T visas, demonstrating the link between the survivor’s presence in the U.S. and trafficking can be a barrier. Proving “extreme hardship” if deported also requires substantial documentation, often from medical professionals, counselors, or experts.

Despite these challenges, thousands of survivors have successfully obtained relief under these programs. The key is preparation, along with the support of experienced legal counsel.

The Role of Law Enforcement and Advocacy

Law enforcement agencies play a pivotal role in the success of these programs. Their willingness to sign certifications, pursue investigations, and treat survivors with dignity has a direct impact on outcomes. At the same time, advocates and community organizations often provide the day-to-day support survivors need to navigate the system—from gathering records to connecting with medical or counseling services.

This collaboration underscores that U and T visas are not simply immigration tools. They are part of a broader commitment to justice and to protecting vulnerable members of society.

Preparing a Strong Application

For survivors considering a U or T visa, the following steps can make the process stronger:

• Document everything: Police reports, medical records, therapy notes, and affidavits can all serve as critical evidence.
• Seek law enforcement cooperation early: For U visas, certification is a gatekeeper requirement. The earlier it’s addressed, the better.
• Work with experienced counsel: Immigration law is highly complex, and a knowledgeable attorney can anticipate hurdles, craft persuasive arguments, and safeguard the survivor’s rights.
• Stay patient: Long waits are common, but deferred action and work authorization may still provide immediate relief while the application is pending.

Moving Forward With Confidence

For survivors of crime and human trafficking, U and T visas represent more than a legal status — they are lifelines. They offer a chance to step out of the shadows, regain stability, and begin again without the constant fear of deportation.

If you or someone you know may qualify for a U or T visa, don’t wait to get the right support. An experienced immigration attorney can guide you through the process, advocate for your rights, and help you move toward a safer future.

At Gendelberg Law, PLLC, we are dedicated to helping survivors navigate these complex systems with care and expertise. Our team understands both the challenges and opportunities that U and T visas present, and we work tirelessly to protect our clients’ rights while supporting their long-term goals.