Published by H&A Immigration Law Offices LLP
Racine, Wisconsin
Introduction
Victims of human trafficking, domestic violence, sexual assault, and other serious crimes often face difficult choices when seeking help. Many victims fear reporting crimes because of their immigration status, concerns about deportation, language barriers, or threats made by their abusers.
To help protect victims and strengthen public safety, U.S. immigration law provides special forms of humanitarian relief that allow eligible victims to remain in the United States, obtain work authorization, and eventually apply for lawful permanent residence.
The two primary forms of protection available to victims are the T Visa and the U Visa.
Why Immigration Relief Exists for Crime Victims
Criminals often use a victim’s immigration status as a tool of control.
Victims may be told:
- They will be deported if they contact police.
- Their family members will be harmed.
- They have no legal rights in the United States.
- Law enforcement will not help them.
These fears often prevent victims from reporting crimes.
The U Visa and T Visa programs were created to encourage victims to cooperate with law enforcement while providing protection and stability during the legal process.
What Is Human Trafficking?
Human trafficking is a serious crime involving the use of:
- Force
- Fraud
- Coercion
to exploit another person for labor, services, or commercial sex.
Human trafficking can occur in many settings, including:
- Restaurants
- Hotels
- Construction sites
- Agricultural work
- Domestic household employment
- Commercial sex operations
Victims can be U.S. citizens or foreign nationals.
What Is a T Visa?
The T Visa is a humanitarian immigration benefit for victims of severe forms of human trafficking.
Individuals granted T Nonimmigrant Status may:
- Remain legally in the United States
- Obtain a work permit
- Access certain public benefits
- Petition for qualifying family members
- Apply for a Green Card if eligible
How Long Does T Visa Status Last?
T Visa status is generally granted for up to four years.
Extensions may be available in certain circumstances.
Who May Qualify for a T Visa?
To qualify, applicants generally must:
- Be victims of severe human trafficking
- Be physically present in the United States because of the trafficking
- Assist law enforcement when reasonably requested
- Demonstrate extreme hardship if removed from the United States
- Meet admissibility requirements or qualify for a waiver
Special Exceptions
Victims may not need to cooperate with law enforcement if:
- They were under 18 years old when victimized; or
- Physical or psychological trauma prevents cooperation.
What Is a U Visa?
The U Visa provides immigration protection for victims of qualifying criminal activity who assist law enforcement in investigating or prosecuting crimes.
The U Visa was created to improve community safety by encouraging victims to report criminal activity without fear of deportation.
Crimes That May Qualify for a U Visa
Examples of qualifying crimes include:
- Domestic Violence
- Sexual Assault
- Rape
- Kidnapping
- Stalking
- Human Trafficking
- Felonious Assault
- Involuntary Servitude
- Witness Tampering
- Extortion
- Abduction
- False Imprisonment
- Hate Crimes
Other qualifying criminal activity may also support a U Visa application.
Who May Qualify for a U Visa?
Generally, applicants must show:
- They suffered substantial physical or mental abuse;
- They possess information about the criminal activity;
- They have been helpful, are being helpful, or are likely to be helpful to law enforcement; and
- The crime occurred in the United States or violated U.S. law.
How Long Does U Visa Status Last?
U Visa holders generally receive:
- Up to four years of lawful status
- Employment authorization
- Protection from removal
In certain situations, extensions may be available.
Can T Visa and U Visa Holders Get a Green Card?
Yes.
Both T Visa and U Visa holders may become eligible for lawful permanent residence after meeting statutory requirements.
This allows eligible victims to:
- Obtain a Green Card
- Live permanently in the United States
- Eventually pursue U.S. citizenship
Benefits of U and T Visa Programs
These programs can provide:
Immigration Protection
Protection from removal while maintaining valid status.
Employment Authorization
The ability to work legally in the United States.
Family Protection
Certain family members may qualify for immigration benefits.
Pathway to Permanent Residence
Eligible applicants may eventually obtain lawful permanent resident status.
Increased Safety
Victims often gain stability, independence, and protection from ongoing abuse or exploitation.
Why Reporting Crime Matters
Law enforcement agencies rely on victims and witnesses to investigate serious criminal activity.
When victims cooperate:
- Criminals can be prosecuted.
- Communities become safer.
- Future victims may be protected.
- Survivors may become eligible for immigration relief.
How H&A Immigration Law Offices LLP Can Help
Our office assists victims and their families with:
- U Visa Applications
- T Visa Applications
- Form I-918 Petitions
- Form I-914 Petitions
- Waivers of Inadmissibility
- Employment Authorization Applications
- Green Card Applications
- Humanitarian Immigration Relief
- Victim-Based Immigration Cases
If you have been the victim of a serious crime or human trafficking and are unsure of your immigration options, our team can evaluate your situation and help determine whether immigration relief may be available.
H&A Immigration Law Offices LLP
3018 Rapids Dr Suite A
Racine, WI 53404
Phone: (414) 982-3863
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Every immigration case is unique. Consult with a qualified immigration attorney regarding your specific circumstances.