Visas Available to Victims of Crimes

Some immigrants may be afraid to report crimes because they are worried about it affecting their immigration status or the status of their family members. However, U visas and T visas are available to certain victims of crimes and their families.

U Visas

U visas are available to victims of certain crimes who help law enforcement (like police and prosecutors) in the investigation or prosecution of those crimes. U visas are valid for four years. This means if you get one, you can live and work in the U.S. for that time. U visas also provide a path to becoming a lawful permanent resident (LPR, or green card holder).

Eligibility

To be eligible for a U visa, all of the following must be true:

• You are the victim of a qualifying crime;

• You have suffered substantial physical or mental abuse as a result of the crime;

• You have information about the crime;

• You are helping, have helped, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime, and the law enforcement agency signs a certification to that effect;

• The crime occurred in the U.S. or violated its laws; and

• You are allowed to enter the U.S. (admissible)

Some examples of qualifying crimes are trafficking, sexual exploitation, domestic violence, and involuntary servitude. For a complete list, look at the “Qualifying Criminal Activities” section on the U.S. Citizenship and Immigration Services (USCIS) website on U visas.

Some noncitizens and non-LPRs will not be allowed to enter the U.S. To learn why, read Inadmissibility, Deportation, and Bars to Reentry. If you are not allowed to enter the U.S., you may apply for a waiver using Form I-192, Application for Advance Permission to Enter as a Nonimmigrant. If you have questions about this, you may want to talk with an immigration lawyer. Use the Guide to Legal Help to find immigration lawyers and legal services in your area.

If you are under 16 or unable to provide information due to a disability, a parent, guardian, or next friend may be able to help law enforcement on your behalf.

Annual Caps to U Visas

Only 10,000 U visas per year can be granted to principal petitioners (individual victims of crimes applying for U visas). However, there is no cap for derivative U visas for qualifying family members. To learn more about qualifying family members, read the section below.

If the cap is reached, USCIS will add eligible petitioners to a waiting list. These petitioners will not be deported, and they can apply for work authorization while they wait for a U visa to become available. The petitioners will receive their visas in order of when their petitions were received. They do not have to take any more steps. In recent years, the waiting list has been several years long.

Applying for a U Visa

To apply for a U visa, file all the following with the USCIS Vermont Service Center:

• Form I-918, Petition for U Nonimmigrant Status

• Form I-918, Supplement B, U Nonimmigrant Status Certification signed by an authorized official of the certifying law enforcement agency

• If you are not allowed to enter the U.S., you must file a Form I-192, Application for Advance Permission to Enter as a Nonimmigrant

• A personal statement describing the crime of which you are a victim

• Evidence to establish each eligibility requirement

While the USCIS website offers instructions on completing and filing the forms, you may want to speak with an immigration lawyer before you file anything. Use the Guide to Legal Help to find immigration lawyers and legal services in your area.

The Michigan Immigrant Rights Center may be able to help you with your immigration case. Contact them to learn more.

USCIS offers resources for victims of crime on their website.

Petitions for U visas have no filing fees. If you are eligible to apply for a U visa but you are outside of the U.S., you will need to have your fingerprints taken at the nearest U.S. Embassy or Consulate. You must file all the forms with the USCIS Vermont Service Center.

Qualifying Family Members

Certain family members are eligible for a derivative U visa based on their relationship to you. If you are under 21, you can file Form I-918, Supplement A, Petition for Qualifying Family Member of U-1 Recipient for your spouse, children, parents, and unmarried siblings under 18. If you are 21 or older, you can file the same form for your spouse and children only. You must file the form when you file all the other forms listed above.

Path to Becoming an LPR

To be eligible to become an LPR based on your U visa, you must have continuous physical presence in the U.S. for at least three years after getting your U visa. To apply to become an LPR, file Form I-485, Application to Register Permanent Residence or Adjust Status. Although USCIS offers instructions with the form, you may want to speak with an immigration lawyer before filing. Use the Guide to Legal Help to find immigration lawyers and legal services in your area.

Your family members with derivative U visas can also apply to become LPRs once they reach three years of continuous physical presence in the U.S. after they got their U visa. Generally, once you become an LPR, any qualifying family members who do not have a derivative U visa at that time will no longer be eligible for one. There are some exceptions. To learn more about these exceptions, you should speak with an immigration lawyer. Use the Guide to Legal Help to find immigration lawyers and legal services in your area.

The Michigan Immigrant Rights Center may be able to help you with your immigration case. Contact them to learn more.

USCIS offers resources for victims of crimes like human trafficking. Go to their website to learn more.

T Visas

T visas are available to victims of human trafficking who help law enforcement (like police and prosecutors) in the investigation or prosecution of those crimes. Human trafficking is a form of modern-day slavery in which traffickers prey on people who are often poor, unemployed, and lack access to help. T visas are valid for four years. This means if you get one, you can live and work in the U.S. for that time. T visas also provide a path to becoming an LPR (green card holder).

Eligibility

To be eligible for a T visa, all of the following must be true:

• You are a victim of human trafficking;

• You are in the U.S., American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry due to trafficking;

• You help law enforcement in the investigation or prosecution of human trafficking;

• You show you would suffer extreme hardship if you were deported;

• You are admissible to enter the U.S.

If you are under 18 or you are unable to help with the trafficking investigation because of physical or psychological trauma, the requirement that you help law enforcement may be waived.

Some noncitizens and non-LPRs will not be allowed to enter the U.S. To learn why, read Inadmissibility, Deportation, and Bars to Reentry. If you are not allowed to enter the U.S., you may apply for a waiver using Form I-192, Application for Advance Permission to Enter as a Nonimmigrant. If you have questions about this, you may want to talk with an immigration lawyer. Use the Guide to Legal Help to find immigration lawyers and legal services near you.

Annual Caps for T Visas

Only 5,000 T visas per year can be granted to principal petitioners (individual victims of trafficking applying for T visas). However, there is no cap for derivative T visas for qualifying family members. To learn more about qualifying family members, read the section below.

If the cap is reached, USCIS will add eligible petitioners to a waiting list. These petitioners will not be deported, and they can apply for work authorization while they wait for a T visa to become available. The petitioners will receive their visas in order of when their petitions were received. They do not have to take any more steps.

Applying for a T Visa

To apply for a T visa, file all of the following with the USCIS Vermont Service Center:

• Form I-914, Application for T Nonimmigrant Status

• Three passport-size photographs

• A personal statement about how you are a victim of trafficking

• Any evidence to show you are eligible, like a completed Form I-914, Supplement B, Declaration of Law Enforcement Officer for Victim of Trafficking in Persons

While the USCIS website offers instructions on completing and filing the forms, you may want to speak with an immigration lawyer before you file anything. Use the Guide to Legal Help to find immigration lawyers and legal services in your area.

The Michigan Immigrant Rights Center may be able to help you with your immigration case. Contact them to learn more.

USCIS offers resources for victims of crimes like human trafficking. Go to their website to learn more.

Petitions for T visas have no filing fees. You must be in the U.S. in order to file Form I-914. However, if you have a qualifying family member who is applying abroad for a derivative T visa (a visa based on their relationship to you), U.S. Consulates and Embassies will process their forms.

Qualifying Family Members

Certain family members are eligible for a derivative T visa based on their relationship to you. If you are under 21, you can file Form I-914, Supplement A, Application for Family Member of T-1 Recipient for your spouse, children, parents, and unmarried siblings under 18. If you are 21 or older, you can file the same form for your spouse and children only. You must file the form when you file all the other forms listed above.

Path to Becoming an LPR

To be eligible to become an LPR based on your T visa, you must have continuous physical presence in the U.S. for at least three years after getting your T visa. There is an exception to this requirement. If the Attorney General determines that the trafficking investigation or prosecution is complete, you may be able to apply for LPR status at that time. To apply to become an LPR, file Form I-485, Application to Register Permanent Residence or Adjust Status. Although USCIS offers instructions with the form, you may want to speak with an immigration lawyer before filing. Use the Guide to Legal Help to find immigration lawyers and legal services in your area.

Your family members with derivative T visas can also apply to become LPRs once they reach three years of continuous physical presence in the U.S. after they got their T visa. Generally, once you become an LPR, any qualifying family members who do not have a derivative T visa at that time will no longer be eligible for one. There are some exceptions. To learn more about these exceptions, you should speak with an immigration lawyer. Use the Guide to Legal Help to find immigration lawyers and legal services in your area.

The Michigan Immigrant Rights Center may be able to help you with your immigration case. Contact them to learn more.

USCIS offers resources for victims of crimes like human trafficking. Go to their website to learn more.