T & U Visa

U Visas and T Visas: Immigration Relief for Survivors of Crime and Trafficking

For survivors of crime or human trafficking, the trauma is often compounded by fear of deportation or uncertainty about legal status. Navigating the immigration system can feel overwhelming – especially without support.

Fortunately, U.S. immigration law offers specific protections through the U visa and T visa. These programs provide legal relief and a path to stability for those who have been harmed and are willing to assist law enforcement.

This guide explains who qualifies, how to apply, and what each visa offers – so you can take informed steps toward safety and legal security.

What Is a U Visa?

The U visa was created to support victims of certain serious crimes who assist law enforcement in investigations or prosecutions. It provides protection and immigration relief to survivors who might otherwise be afraid to come forward due to their immigration status. U visas help law enforcement solve crimes while offering survivors a way to rebuild their lives in the U.S.

Who qualifies?

To be eligible for a U visa, you must meet several criteria:

• You are the victim of a qualifying crime that occurred in the U.S. or violated U.S. laws.

• You have suffered substantial physical or mental harm as a result of the crime.

• You possess information about the crime.

• You have been helpful, are being helpful, or are likely to be helpful in the investigation or prosecution.

• You are admissible to the United States (or you apply for a waiver using Form I-192).

Qualifying crimes include domestic violence, sexual assault, kidnapping, and other violent offenses. Survivors must be able to document their cooperation with law enforcement or explain why they cannot do so.

The law enforcement certification requirement:

A critical part of the U visa application is obtaining a certification from a law enforcement agency, judge, or prosecutor using Form I-918, Supplement B. This form confirms that you were helpful in the investigation or prosecution of the qualifying crime.

Without this certification, U.S. Citizenship and Immigration Services (USCIS) cannot approve your U visa application. Working with an immigration attorney can help ensure this step is handled correctly and that communication with the certifying agency is professional and timely.

Some agencies may be unfamiliar with the process, so having a legal advocate can make all the difference. The certification must also be submitted within a specific window of time to remain valid.

Key benefits of a U visa:

If granted a U visa, you’ll receive:

• Temporary lawful status for up to four years.

• Employment authorization.

• Eligibility to apply for a Green Card (lawful permanent residence) after three years.

• The option to petition certain qualifying family members to receive U visas is also available.

These benefits allow survivors to access healthcare, employment, and education without fear of deportation. After three years, you may be eligible for lawful permanent residency, giving you and your family a pathway to citizenship. U visa holders can also request certain derivative benefits for loved ones who depend on them.

Common challenges in the U visa process

One major challenge is the U visa cap – only 10,000 U visas are issued annually. Because demand is high, many eligible applicants are placed on a waitlist and granted deferred action and work authorization while they wait.

It’s not uncommon for applicants to wait several years before receiving a decision. During this time, having legal assistance can ensure your case remains on track. Despite the delay, applicants may still be granted important protections, including the ability to stay and work legally in the U.S.

What Is a T Visa?

The T visa was designed to protect individuals who have been victims of human trafficking, including both sex and labor trafficking. This form of relief recognizes that trafficking victims often endure exploitation that limits their freedom and endangers their lives. The visa provides a safe and legal way to remain in the U.S. while assisting law enforcement and recovering from trauma.

Who qualifies?

To be eligible for a T visa, you must demonstrate:

• You are or were a victim of a severe form of trafficking in persons, either for sex or labor.

• You are physically present in the U.S. on account of trafficking. You must show that your presence in the United States is a direct result of being trafficked – for example, because you escaped from your traffickers, were liberated by law enforcement, or are receiving care for trafficking-related trauma.

• You must show that removal from the U.S. would result in extreme hardship involving unusual and severe harm. This could include re-victimization, retaliation from traffickers, serious medical or psychological harm, or lack of access to critical services in your home country. Supporting documentation is essential to demonstrate this risk.

• You complied with reasonable requests from law enforcement (unless you are under 18 or unable to comply due to trauma).

• You are admissible to the U.S. (or apply for a waiver using Form I-192).

T visa applicants often include survivors who were lured to the U.S. under false pretenses and then forced to work without pay or under threats of violence. Children who were trafficked for sex or labor are also eligible, even if they cannot assist law enforcement.

How severe trafficking is defined:

Severe trafficking includes:

• Sex trafficking: When a person is induced to perform a commercial sex act through force, fraud, or coercion – or when the person is under 18.

• Labor trafficking: When a person is recruited, transported, or harbored for labor or services through force, fraud, or coercion, such as domestic servitude or agricultural work.

These definitions are broad and include many common trafficking scenarios. Survivors often do not realize they qualify until speaking with a qualified immigration attorney. The key is showing that your presence in the U.S. is directly related to your victimization.

Certification and evidence

T visa applicants are not required to submit a law enforcement certification (Form I-914, Supplement B), but including one can help show cooperation with an investigation. Unlike U visa applicants, T visa applicants only need to show they complied with reasonable law enforcement requests – unless they were under 18 or unable to do so due to trauma.

Other helpful evidence may include:

• Police or medical reports.

• Statements from social workers or service providers.

• Employment or psychological records.

Because trafficking is often undocumented, personal declarations and support letters from advocates or attorneys can be critical to a strong application.

What benefits does a T visa offer?

A T visa offers several protections and opportunities:

• Four years of lawful immigration status.

• Work authorization.

• Access to certain federal and state public benefits.

• A pathway to a Green Card after three years or once the trafficking investigation or prosecution ends.

• Eligibility for certain family members to join you in the U.S.

Survivors may also access counseling, legal services, and financial assistance to support their recovery. Like the U visa, T visa holders can eventually apply for permanent residency and begin to rebuild their lives with safety and dignity.

Key differences from U visas

U visas are for victims of crimes like domestic violence, sexual assault, or kidnapping who help law enforcement. Applicants can qualify regardless of how they entered the U.S.

T visas are for individuals trafficked into or within the U.S. who face extreme hardship if deported. Applicants must show their presence is directly tied to the trafficking.

Both visas protect against deportation and lead to permanent residence, but they differ in eligibility, required cooperation, and the nature of harm. An immigration attorney can help determine the best path forward.

Applying for a U or T Visa

Applying for these visas involves gathering evidence, completing complex forms, and meeting strict deadlines. Applicants often work closely with attorneys, case managers, and trusted advocates to present their stories accurately and powerfully.

What forms do I need?

U Visa:

• Form I-918 (Petition for U Nonimmigrant Status).

• Form I-918, Supplement B (Law Enforcement Certification).

• Form I-192 (if you need a waiver of inadmissibility).

• Personal statement describing the crime and how you were harmed.

• Supporting evidence (police reports, medical records, etc.).

T Visa:

• Form I-914 (Application for T Nonimmigrant Status).

• Form I-914, Supplement B (optional).

• Form I-192 (if needed).

• Personal statement and evidence documenting the trafficking and its effects.

Completing these forms accurately is critical. A minor error or omission can result in a denial or delay. Make sure to organize supporting documentation carefully and keep copies of everything submitted.

Derivative family members

You may petition for certain family members to join you:

• U Visa: Spouse, children, parents (if the principal applicant is under 21), and unmarried siblings under 18.

• T Visa: If you are 21 or older, you may petition for your spouse and children. If you are under 21, you may also include your parents and unmarried siblings under 18. In some cases, family members may qualify as derivatives if they face present danger of retaliation as a result of your escape from trafficking or cooperation with law enforcement.

Each derivative requires a separate form: Form I-918A for U visas and Form I-914A for T visas.

These provisions protect not just survivors but their loved ones too. Families can often heal more effectively when they are together and secure. USCIS considers these relationships carefully, and proof of the family relationship will be required.

Work authorization

You’ll automatically receive work authorization if you are granted a U or T visa. If your case is pending and you’re on the U visa waitlist, you may also be eligible for deferred action and an employment authorization document (EAD).

This allows survivors to support themselves and their families while reviewing their applications. Employment authorization can also make accessing healthcare, housing, and other essential resources easier.

Federal Agencies Authorized to Certify U and T Visas

In addition to local police, several federal agencies are authorized to sign certifications for U and T visas. These include the U.S. Department of Labor, Department of Homeland Security, Department of Justice, and the Equal Employment Opportunity Commission.

In March 2023, the Occupational Safety and Health Administration (OSHA) – a division of the Department of Labor – began certifying U and T visa applications. This applies to workplace-related crimes or trafficking, such as wage theft, unsafe conditions, forced labor, or retaliation.

For immigrant workers facing exploitation, OSHA’s role expands access to protection and offers a safer path to legal status.

After You’re Approved: Next Steps

Green Card eligibility

After three years in U or T visa status, you can apply for lawful permanent residence (a Green Card), provided you:

• Maintained continuous physical presence in the U.S.

• Remained admissible to the U.S. (or were granted a waiver).

• Continued cooperating with law enforcement (for U visas).

• Showed good moral character (especially for T visas).

Form I-485 is the application to adjust status and must include extensive documentation. Having an immigration attorney involved in this stage is highly recommended.

Becoming a lawful permanent resident opens up long-term stability and even a path to citizenship. You’ll need to demonstrate that your situation meets all the legal requirements, and USCIS will review your case closely.

Traveling outside the U.S.

Generally, U and T visa holders should consult an immigration attorney before traveling abroad. Even with advance parole, there are risks to reentry if the travel is not properly documented or if you face inadmissibility issues.

Traveling without proper guidance could result in being barred from reentry or affecting your future eligibility for immigration benefits. Always speak with your legal representative before making any international travel plans.

If Your Application Is Denied

Being denied a U or T visa can feel devastating – but it doesn’t always mean removal is automatic.

You may have options, including:

• Filing a motion to reopen or reconsider if your application was denied due to missing documents or misinterpretation of facts.

• Reapplying with stronger evidence or updated forms.

• Other immigration relief options include asylum, withholding of removal, Violence Against Women Act of 1994 (VAWA), and Special Immigrant Juvenile Status.

• Fighting your case in immigration court with legal representation.

If USCIS refers your case to Immigration and Customs Enforcement (ICE), you could be placed in removal proceedings – but many applicants are granted deferred action instead.

Appeals and motions can be technical and time-sensitive. It’s vital to act quickly and with the help of experienced legal counsel to preserve your rights and protect your future.