U status for qualifying crime victims
U nonimmigrant status may be available to a victim of qualifying criminal activity who suffered substantial physical or mental abuse and satisfies the information and helpfulness requirements. The crime must fit the enumerated list of qualifying offenses and must have either happened in the United States or violated U.S. laws outside the United States. Not every crime or harmful experience qualifies for a U visa.
A U petition requires obtaining a signed I-918 Supplement B law enforcement certification affirming helpfulness from an authorized certifying official. Certification is a required first step in the process, but it does not grant status or require USCIS to approve the petition. The filing also must address the resulting harm, the applicant’s admissibility, and other requirements.
T status for survivors of severe trafficking
T nonimmigrant status concerns a severe form of trafficking in persons, including qualifying labor trafficking or sex trafficking. The analysis includes the trafficking, the required connection between presence and trafficking, cooperation with reasonable law enforcement requests unless an exception applies, and the relevant hardship and admissibility requirements.
Human trafficking is not the same as every exploitative job or every “coyote” agreement to be smuggled across the U.S. border. The actual facts matter. Unlike U petitions, a law enforcement declaration is not always required for T eligibility.
Evidence, family members, and waiting periods
Evidence may include the applicant’s declaration, medical and counseling records, employment records, police reports, and court records. Evidence should be gathered and transmitted through safe channels. Eligibility for qualifying relatives depends on the category, the ages of the applicant and relatives, and other applicable rules.
U status is subject to an annual cap of 10,000 approvals (counting only principal applicants), while over the last five years between 25,000 and 45,000 U visa petitions have been filed each year. Given an approval rate of 75%-85%, this has resulted in a substantial backlog of several years for U visa petition approval. Filing of the petition, interim bona fide determination, work permit approval, placement on a waiting list, and final U visa approval are different stages in the process. The U visa filing does not immediately authorize employment. Further, applicants must keep in mind that protection for pending U visa petitioners from immigration enforcement and removal has been eroded in recent court decisions which should be reviewed during your attorney consultation.
Review the whole immigration history
Prior U.S. entries and departures, immigration applications, arrests, and immigration or deportation orders can affect the case. A waiver may be needed, and any subsequent green card application has additional requirements. A previous denial or law enforcement contact should be reviewed with the complete records rather than a brief summary alone.
Moro Legal can evaluate U and T options and related USCIS filings, including whether VAWA presents a different basis for relief. Remember to share safe contact methods with the office.
