Victims of crime in New York have access to specific immigration relief options, such as U Visas and T Visas. These visas provide protection and an opportunity to rebuild their lives after enduring trauma. U Visas are intended for victims of certain crimes who assist law enforcement, whereas T Visas are for victims of human trafficking. Understanding these options and their application processes can offer a path to safety and stability for those in need.
What Is a U Visa?
A U Visa is a nonimmigrant visa specifically designed for victims of certain crimes who have suffered significant physical or mental abuse and are willing to assist law enforcement in investigating or prosecuting the criminal activity. To be eligible, the crime must have occurred in the United States or violated U.S. laws. Qualifying crimes include domestic violence, sexual assault, human trafficking, and other serious offenses. Applicants must provide evidence of their victimization, the resulting harm, and their helpfulness to law enforcement. U Visa holders can receive work authorization and may eventually apply for permanent residency. This visa offers crucial protection and support to vulnerable individuals seeking justice and safety.
What Is a T Visa?
A T Visa is a nonimmigrant visa tailored for victims of human trafficking who have been subjected to severe forms of trafficking in persons, including sex trafficking and forced labor. To qualify, applicants must demonstrate that they are or were victims of trafficking, are physically present in the United States due to trafficking, and comply with any reasonable request for assistance in the investigation or prosecution of trafficking (unless under 18 or unable to cooperate due to trauma). They also must show that they would suffer extreme hardship involving unusual and severe harm if they were removed from the U.S. and are admissible to the U.S. or qualify for a waiver. T Visa holders can obtain work authorization, access certain federal and state benefits, and apply for permanent residency after three years, providing a pathway to stability and recovery.
Application Process for U Visas
Applying for a U Visa involves several steps to ensure eligibility and proper documentation:
- Gather Necessary Documentation: Collect evidence of the qualifying crime, proof of substantial physical or mental abuse, and documents showing your cooperation with law enforcement.
- Complete Form I-918: Fill out the Petition for U Nonimmigrant Status form detailing your experience and eligibility.
- Obtain Law Enforcement Certification: Secure Form I-918, Supplement B, signed by a law enforcement official, confirming your helpfulness in the investigation or prosecution of the crime.
- Submit the Application: Send the completed Form I-918, Supplement B, and supporting evidence to U.S. Citizenship and Immigration Services (USCIS). If approved, you will receive U Visa status, which grants you work authorization and protection.
Application Process for T Visas
Applying for a T Visa involves several critical steps to demonstrate eligibility and ensure proper documentation:
- Gather Necessary Documentation: Collect evidence of your trafficking experience, proof of cooperation with law enforcement, and documents showing extreme hardship if removed from the U.S.
- Complete Form I-914: Fill out the Application for T Nonimmigrant Status form accurately, providing detailed information about your trafficking experience and eligibility.
- Obtain Law Enforcement Certification (if required): Secure Form I-914, Supplement B, signed by a law enforcement official, confirming your assistance in the investigation or prosecution of trafficking.
- Submit the Application: Send the completed Form I-914, Supplement B (if required), and all supporting evidence to USCIS. If approved, you will receive T Visa status, granting you work authorization and access to certain benefits.
Benefits and Limitations of U and T Visas
U and T Visas provide significant benefits, including work authorization, access to certain federal and state benefits, and a potential pathway to permanent residency after a specified period. U Visa holders may apply for a green card after three years, while T Visa holders can do so after three years of continuous presence in the U.S. However, there are limitations, such as annual caps on the number of visas issued (10,000 for U Visas and 5,000 for T Visas) and lengthy processing times. Despite these challenges, these visas offer crucial protection and support to crime and trafficking victims.
Help with U and T Visas for Crime and Trafficking Victims
At Rahimi Law Firm, we are dedicated to helping crime and trafficking victims secure U and T Visas. Our experienced team will guide you through each step, ensuring your application is strong and complete. Contact us today for a confidential consultation, and let us help you find safety and stability.