Human Trafficking & Other Victims of Violence
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Immigration Options for Victims of Human Trafficking & Crimes
We help protect victims of human trafficking and other crimes by providing immigration relief. Human trafficking, also known as trafficking in persons, is a form of modern-day slavery in which traffickers lure individuals with false promises of employment and a better life.
Individuals and their families may also fall victim to many other types of crime in the United States. These crimes include: rape, murder, manslaughter, domestic violence, sexual assault, and many others.
There are two types of immigration relief we provide to victims of human trafficking and other crimes:
- T Nonimmigrant Status (T Visa)
- U Nonimmigrant Status (U Visa)
Scroll down to learn more about each available Visa. We are here to help you.
T Nonimmigrant Status (T Visa)
T nonimmigrant status provides immigration protection to victims of trafficking. The T Visa allows victims to remain in the United States and assist law enforcement authorities in the investigation or prosecution of human trafficking cases.
T nonimmigrant status is a temporary immigration benefit that enables certain victims of a severe form of human trafficking to remain in the United States for up to 4 years if they have assisted law enforcement in an investigation or prosecution of human trafficking. T nonimmigrant status is also available for certain qualifying family members of trafficking victims. T nonimmigrants are eligible for employment authorization and certain federal and state benefits and services. T nonimmigrants who qualify may also be able to adjust their status and become lawful permanent residents (obtain a Green Card).
Congress created this status (commonly referred to as a T visa) in October 2000 as part of the Victims of Trafficking and Violence Protection Act. Human trafficking, also known as trafficking in persons, is a form of modern-day slavery in which traffickers use force, fraud, or coercion to compel individuals to provide labor or services, including commercial sex. Traffickers often take advantage of vulnerable individuals, including those lacking lawful immigration status. T visas offer protection to victims and strengthen the ability of law enforcement agencies to investigate and prosecute human trafficking .
Under federal law, a “severe form of trafficking” is:
- Sex trafficking: When someone recruits, harbors, transports, provides, solicits, patronizes, or obtains a person for the purpose of a commercial sex act, where the commercial sex act is induced by force, fraud, or coercion, or the person being induced to perform such act is under 18 years of age; or
- Labor trafficking: When someone recruits, harbors, transports, provides, or obtains a person for labor or services through the use of force, fraud, or coercion for the purpose of involuntary servitude, peonage, debt bondage, or slavery.
You may be eligible for T nonimmigrant status if you:
- Are or were a victim of a severe form of human trafficking as defined above;
- Are in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry due to trafficking;
- Comply with any reasonable request from a law enforcement agency for assistance in the investigation or prosecution of human trafficking (unless you are under the age of 18 or you are unable to cooperate due to physical or psychological trauma. In either case, you may not need to show that you complied with reasonable requests from law enforcement);
- Demonstrate that you would suffer extreme hardship involving unusual and severe harm if you were removed from the United States; and
Are admissible to the United States (If you are not admissible, you may be eligible for a waiver of certain grounds of inadmissibility. You may apply for a waiver using a Form I-192, Application for Advance Permission to Enter as a Nonimmigrant).
To apply for T nonimmigrant status, you must submit:
- Form I-914, Application for T Nonimmigrant Status, including a personal statement explaining in your own words how you were a victim of trafficking
- Form I-914, Supplement A, Application for Immediate Family Member of T-1 Recipient (PDF, 531.89 KB) (if applicable)
- Evidence to establish that you complied with reasonable requests from law enforcement, if applicable. You may submit Form I-914, Supplement B, Declaration of Law Enforcement Officer for Victim of Trafficking in Persons to demonstrate that you are a victim of trafficking and that you have complied with any reasonable request to assist law enforcement. However, you may also choose to submit other evidence instead of or in addition to the Form I-914, Supplement B, such as trial transcripts, court documents, police reports, news articles, affidavits, or other relevant credible evidence.
- Evidence to show that you meet all other eligibility requirements
- Form I-192, Application for Advance Permission to Enter as a Nonimmigrant (if you are inadmissible)
Fees
There is no fee to file Form I-914 and Form I-914A. Therefore, you do not need to submit a fee waiver request for either form.
You may request a fee waiver for other forms if you are filing them in connection with your application for T nonimmigrant status. These forms include:
- Form I-765, Application for Employment Authorization
- Form I-485, Application to Register Permanent Residence or Adjust Status
- Form I-131, Application for Travel Document
- Form I-192, Application for Advance Permission to Enter as a nonimmigrant
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U Nonimmigrant Status (U Visa)
U nonimmigrant status provides immigration protection to crime victims who have suffered substantial mental or physical abuse as a result of the crime. The U visa allows victims to remain in the United States and assist law enforcement authorities in the investigation or prosecution of the criminal activity.
The U nonimmigrant status (U visa) is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in October 2000. The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of aliens and other crimes, while also protecting victims of crimes who have suffered substantial mental or physical abuse due to the crime and are willing to help law enforcement authorities in the investigation or prosecution of the criminal activity. The legislation also helps law enforcement agencies to better serve victims of crimes.
U Nonimmigrant Eligibility
You may be eligible for a U nonimmigrant visa if:
- You are the victim of qualifying criminal activity.
- You have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity.
- You have information about the criminal activity. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may possess the information about the crime on your behalf.
- You were helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may assist law enforcement on your behalf.
- The crime occurred in the United States or violated U.S. laws.
- You are admissible to the United States. If you are not admissible, you may apply for a waiver on a Form I-192, Application for Advance Permission to Enter as a Nonimmigrant.
- Abduction
- Abusive Sexual Contact
- Blackmail
- Domestic Violence
- Extortion
- False Imprisonment
- Female Genital Mutilation
- Felonious Assault
- Fraud in Foreign Labor Contracting
- Hostage
- Incest
- Involuntary Servitude
- Kidnapping
- Manslaughter
- Murder
- Obstruction of Justice
- Peonage
- Perjury
- Prostitution
- Rape
- Sexual Assault
- Sexual Exploitation
- Slave Trade
- Stalking
- Torture
- Trafficking
- Witness Tampering
- Unlawful Criminal Restraint
- Other Related Crimes*†
*Includes any similar activity where the elements of the crime are substantially similar.
†Also includes attempt, conspiracy, or solicitation to commit any of the above and other related crimes.
Applying for Nonimmigrant U Status (U Visa)
To apply (petition) for a U nonimmigrant status, submit:
- Form I-918, Petition for U Nonimmigrant Status
- Form I-918, Supplement B, U Nonimmigrant Status Certification. The Form I-918, Supplement B, must be signed by an authorized official of the certifying law enforcement agency (PDF) and the official must confirm that you were helpful, and currently being helpful, or will likely be helpful in the investigation or prosecution of the case.
- If any inadmissibility issues are present, you must file a Form I-192, Application for Advance Permission to Enter as Nonimmigrant, to request a waiver of the inadmissibility;
- A personal statement describing the criminal activity of which you were a victim; and
- Evidence to establish each eligibility requirement.
You may also apply (petition) for U nonimmigrant status if you are outside the United States. To do this, you must:
- File all the necessary forms for U nonimmigrant status with the Vermont Service Center.
- Follow all instructions that are sent from the Vermont Service Center, which will include having your fingerprints taken at the nearest U.S. Embassy or Consulate.
- If your petition is approved, you must consular process to enter the United States, which will include an interview with a consular officer at the nearest U.S. Embassy or Consulate.
Fees
- All U nonimmigrant status applications (petitions) and other forms related to the U petition are filed with the USCIS Vermont Service Center.
- All U nonimmigrant status applications (petitions) are free. You may request a fee waiver for any other form that is necessary for your U nonimmigrant status application (petition) by filing a Form I-912, Request for Fee Waiver, or by including your own written request for a fee waiver with your application or petition.
Violence Against Women Act (VAWA)
Under the federal Violence Against Women Act (VAWA), you may be eligible to become a lawful permanent resident (get a Green Card) if you are the victim of battery or extreme cruelty committed by:
- A U.S. citizen spouse or former spouse;
- A U.S. citizen parent;
- A U.S. citizen son or daughter;
- A lawful permanent resident (LPR) spouse or former spouse; or
- An LPR parent.
You may self-petition under VAWA by filing a Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360) without your abusive family member’s knowledge or consent. A person who files a VAWA self-petition is generally known as a VAWA self-petitioner. If your self-petition is approved and you meet other eligibility requirements, you may be eligible to apply to become a lawful permanent resident.
Eligibility for Adjustment of Status
In order to be eligible for a Green Card as a VAWA self-petitioner, you must meet the following requirements:
- You properly file Form I-485, Application to Register Permanent Residence or Adjust Status;
- You are physically present in the United States at the time you file your Form I-485;
- You are eligible to receive an immigrant visa;
- An immigrant visa is immediately available to you at the time you file your Form I-485 and when USCIS makes a final decision on your application;
- None of the bars to adjustment of status apply to you;
- You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief; and
- You merit the favorable exercise of USCIS’ discretion.
Eligible to Receive an Immigrant Visa
You are eligible to receive an immigrant visa based on:
- An approved VAWA self-petition (Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant);
- A previously filed VAWA self-petition that remains pending (if ultimately approved); or
- A VAWA self-petition (if ultimately approved) filed together with your Form I-485.
How to Apply for VAWA
If you are currently in the United States and you meet certain other requirements (such as an immigrant visa is immediately available to you), you may file Form I-485, Application to Register Permanent Residence or Adjust Status to apply for a Green Card without leaving the country.
You must have an approved Form I-360 in order to qualify for a Green Card. If a visa is immediately available to you, you do not have to wait until your Form I-360 is approved to file Form I-485.
If you are a VAWA self-petitioner seeking to adjust status as an immediate relative, you may file Form I-485 at any time because visas are always immediately available for immediate relatives. If you are a VAWA self-petitioner seeking to adjust under a family-based preference category, you may need to wait for a visa to become available.
If a visa is immediately available, you may file your Form I-485:
- Together (“concurrently”) with your Form I-360;
- While your Form I-360 is pending; or
- After your Form I-360 is approved (and remains valid).
If you already have a pending Form I-485 based on an approved Form I-130, Petition for Alien Relative that the abusive family member filed for you, you may request to convert your Form I-485 so that it is based on your VAWA self-petition. To make this request, you must notify the USCIS field office adjudicating the pending Form I-485 that you have filed a VAWA self-petition or that you will do so within 30 days. You should also provide the USCIS field office with a safe address where we can mail all future correspondence to you.
If you do not submit evidence that you filed a VAWA self-petition within 30 days of requesting to convert your Form I-485, USCIS may make a decision on your pending application based on the original Form I-130 filed by the abusive family member. Otherwise, if USCIS approves your VAWA self-petition, your application to adjust status will be based on the VAWA self-petition instead of the original Form I-130.
If you are currently outside the United States, please see the USCIS Consular Processing page.
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Call us at (619) 363-2871 and we will help you reach a pro bono law organization that will help you.