Immigration Protection for Victims of Trafficking and Crime
If you have been a victim of human trafficking, domestic violence, sexual assault, or another serious crime, you may be afraid to seek help—especially if you are concerned about your immigration status.
U.S. immigration law provides protections for certain victims through T Visas and U Visas. These programs can allow eligible individuals to remain in the United States, obtain employment authorization, and potentially pursue lawful permanent residence in the future.
At AH Law Firm PLLC, our immigration attorneys help victims in Queens and throughout New York understand whether a T Visa, U Visa, or another form of immigration relief may be available.
What Is a T Visa?
A T Visa, formally known as T nonimmigrant status, is intended for certain victims of severe forms of human trafficking.
Human trafficking can involve situations in which a person is forced, coerced, or deceived into providing labor or commercial sex.
Eligibility depends on the circumstances of each case. Among other requirements, an applicant generally must establish that they are or were a victim of a severe form of trafficking, are physically present in the United States or at a port of entry on account of trafficking, meet applicable requirements concerning reasonable requests for assistance, and would suffer extreme hardship involving unusual and severe harm if removed. Certain exceptions apply to the cooperation requirement, including based on age or trauma.
What Is a U Visa?
A U Visa, or U nonimmigrant status, provides immigration protection to certain victims of qualifying criminal activity.
A person may potentially qualify if they:
- Were the victim of qualifying criminal activity;
- Suffered substantial physical or mental abuse because of the crime;
- Have information about the criminal activity;
- Were, are, or are likely to be helpful to law enforcement or another qualifying authority; and
- Meet the other applicable immigration requirements.
A U Visa generally requires a certification from an authorized agency confirming the applicant’s helpfulness concerning qualifying criminal activity.
What Crimes May Qualify for a U Visa?
USCIS recognizes numerous categories of qualifying criminal activity, including:
- Domestic violence
- Sexual assault
- Rape
- Stalking
- Kidnapping
- False imprisonment
- Felonious assault
- Human trafficking
- Extortion
- Blackmail
- Involuntary servitude
- Witness tampering
- Obstruction of justice
Attempts, conspiracies, solicitation, and certain substantially similar criminal activity may also qualify in appropriate circumstances.
Being the victim of a crime does not automatically qualify someone for a U Visa. The specific crime, harm suffered, cooperation with authorities, and other circumstances must be evaluated.
What Is the Difference Between a T Visa and a U Visa?
Although both provide protections for certain victims, they serve different purposes.
A T Visa focuses specifically on victims of severe forms of human trafficking. A U Visa covers victims of a broader range of qualifying criminal activities, which can include domestic violence, sexual assault, trafficking, stalking, kidnapping, and other crimes.
The evidence and eligibility requirements also differ.
If you are unsure which form of protection may apply, an immigration lawyer in Queens can review what happened and explain the potential immigration options.
Can T Visa and U Visa Holders Work in the United States?
T and U nonimmigrant status can provide employment authorization to eligible recipients. Certain qualifying family members may also be eligible for derivative immigration benefits.
Depending on the circumstances and applicable requirements, T and U Visa recipients may eventually be eligible to apply for lawful permanent residence.
Can Family Members Be Included?
In some cases, qualifying family members of a T or U Visa applicant or recipient may also be eligible for immigration protection.
Which relatives may qualify depends on factors such as the applicant’s age, the particular immigration classification, and the circumstances of the case.
An attorney can review whether immigration benefits may be available to your spouse, children, parents, siblings, or other qualifying relatives.
What If You Are Afraid to Report a Crime?
It is understandable that someone without secure immigration status may be afraid to contact the police or another government agency.
However, the T and U Visa programs were specifically created to provide immigration protections to certain victims while supporting efforts to detect, investigate, and prosecute serious crimes and human trafficking.
For U Visa cases, helpfulness to an authorized agency is an important part of eligibility. USCIS guidance also makes clear that a prosecution or conviction is not necessarily required for an agency to provide a U Visa certification.
How AH Law Firm PLLC Can Help
T and U Visa cases often involve sensitive personal experiences as well as complicated immigration requirements.
AH Law Firm PLLC can assist with:
- Evaluating T Visa or U Visa eligibility
- Preparing T Visa applications
- Preparing U Visa petitions
- Gathering supporting documentation
- Addressing law enforcement certification requirements
- Preparing waiver applications when applicable
- Seeking qualifying benefits for eligible family members
- Addressing related immigration or removal concerns
- Evaluating future Green Card eligibility
We handle these matters with sensitivity and confidentiality while helping clients understand each stage of the immigration process.
Speak With a T Visa & U Visa Lawyer in Queens
If you have experienced human trafficking, domestic violence, sexual assault, or another qualifying crime, you may have immigration options even if you currently do not have lawful immigration status.
AH Law Firm PLLC helps victims and their families in Queens and throughout New York understand the protections that may be available.
Contact AH Law Firm PLLC to schedule a confidential consultation.