U VISA + T VISA + VICTIMS OF CRIME

The U nonimmigrant status (U visa) is a temporary visa that can lead to permanent residency.

The 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. If you or your child was the victim of one of the following crimes within the U.S., you may be eligible for a U visa:

• 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

To apply for a U Visa, the applicant must first obtain a certificate from a law enforcement agency that confirms the applicant’s willingness to cooperate. Luckily, a person can still apply for a U visa even if they never made a police report when the crime occurred. 

Obtaining a U visa is a lengthy process. However, a U visa is an important remedy for many because such visas are generous with granting benefits to close family members and granting waivers for criminal or immigration violations. 

The “T visa” is a visa made available for victims of human trafficking. If an individual procures a T visa, he/she can later apply for permanent residency.

Human trafficking is considered “modern-day slavery” in which traffickers use force, fraud, or coercion to make individuals provide labor or certain services, including commercial sex. Traffickers often take advantage of vulnerable individuals, including those who do not have lawful immigration status. 

If you have been forced to perform sexual favors against your will or subjected to severe underpayment or extreme work conditions here in the U.S., be sure to convey those facts during your initial intake with Encanto Law.

• Are or were a victim of a severe form of trafficking in persons (sex trafficking or labor trafficking)
• Are physically present in the U.S. due to trafficking
• Have complied with any reasonable request from a law enforcement agency for assistance in the investigation or prosecution of human trafficking (there are several exceptions to this requirement);
• 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 U.S. (If you are not admissible, you may be eligible for a waiver.)
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If you have been the victim of a serious crime or human trafficking, reach out to Encanto Law to determine if you are eligible for the U visa or T visa.