Protection for Crime & Trafficking Victims
π¨ Safety First
If you are in immediate danger, call 911. If you need help but are not in immediate danger, call the National Domestic Violence Hotline at 1-800-799-7233 or the National Human Trafficking Hotline at 1-888-373-7888.
Confidential Resources:
- β’ National Domestic Violence Hotline: 1-800-799-7233
- β’ National Human Trafficking Hotline: 1-888-373-7888
- β’ National Sexual Assault Hotline: 1-800-656-4673
- β’ Crisis Text Line: Text HOME to 741741
Comparison of Protection Types
Protection Type | Purpose | Key Requirement | Duration | Family Benefits |
---|---|---|---|---|
U Visa | Crime Victims | Victim of qualifying crime with law enforcement cooperation | 4 years (can lead to green card after 3 years) | Spouse, children, and sometimes parents/siblings |
T Visa | Trafficking Victims | Victim of severe trafficking, present due to trafficking | 4 years (can lead to green card after 3 years) | Spouse, children, and sometimes parents/siblings |
VAWA Self-Petition | Abused Spouses/Children | Abused by U.S. citizen/permanent resident family member | Can lead directly to green card | Can include children in petition |
U Visa: Qualifying Crimes
U visas are available to victims of the following qualifying crimes (or similar activities):
Note: This list is not exhaustive. Similar criminal activities may also qualify. Consult with an immigration attorney to determine if your situation qualifies.
Human Trafficking Indicators
Human trafficking involves the use of force, fraud, or coercion to obtain labor or commercial sex acts. Signs may include:
- Forced labor or services through fraud, force, or coercion
- Commercial sex acts induced by force, fraud, or coercion (or involving minors)
- Debt bondage or peonage situations
- Being controlled by someone else's identity documents
- Unable to leave work or living situation
- Forced to perform labor or services against your will
- Working for little or no pay
- Physical, sexual, or emotional abuse to control you
Types of Abuse (VAWA)
Physical Abuse
Sexual Abuse
Emotional/Psychological Abuse
Economic Abuse
U Visa Application Process
Step-by-Step U Visa Process
Obtain Law Enforcement Certification
Get Form I-918B signed by law enforcement agency
Required Documents:
- β’Form I-918, Supplement B
- β’Evidence of the crime
- β’Your cooperation with law enforcement
- β’Contact information for investigating agency
File Form I-918 Petition
Submit U visa petition to USCIS with all supporting evidence
Required Documents:
- β’Form I-918 (U visa petition)
- β’Form I-918A (family member petitions if applicable)
- β’Certified Form I-918B from law enforcement
- β’Evidence of substantial harm suffered
Receive Receipt and Wait
USCIS issues receipt notice and places case in queue if cap reached
Required Documents:
- β’Keep receipt notice safe
- β’Maintain contact with law enforcement
- β’Update address with USCIS
- β’Continue cooperating in criminal case
U Visa Approval and Status
Receive U visa status and work authorization
Required Documents:
- β’Continue cooperation requirements
- β’Apply for work authorization if not already granted
- β’Maintain lawful status
- β’Prepare for green card application after 3 years
U Visa Requirements
Eligibility for U Visa
- You are the victim of qualifying criminal activity
- You have suffered substantial physical or mental abuse as a result of the criminal activity
- You have information about the criminal activity
- You were helpful, are being helpful, or are likely to be helpful to law enforcement in investigation or prosecution
- The criminal activity violated U.S. laws or occurred in the United States
- You are admissible to the United States (or eligible for a waiver)
T Visa Requirements
Eligibility for T Visa
- You are or have been a victim of severe trafficking in persons
- You are physically present in the United States on account of trafficking
- You have complied with reasonable requests for assistance in investigation or prosecution (unless under 18 or unable to cooperate due to trauma)
- You would suffer extreme hardship involving unusual and severe harm if removed from the United States
- You are admissible to the United States (or eligible for a waiver)
VAWA Requirements
Eligibility for VAWA Self-Petition
- You are married to or were married to a U.S. citizen or permanent resident who abused you
- OR you are the child of a U.S. citizen or permanent resident who abused you
- OR you are the parent of a U.S. citizen child who was abused by your U.S. citizen spouse
- The abuse was committed by your U.S. citizen or permanent resident spouse or parent
- You are a person of good moral character
- You entered into the marriage in good faith (not to get immigration benefits)
- You currently live in the United States
Important Considerations
Confidentiality Protections
- β’ USCIS cannot disclose information about your case to your abuser
- β’ Law enforcement agencies are trained on confidentiality requirements
- β’ You have the right to an interpreter during proceedings
- β’ Evidence of abuse is kept confidential in immigration proceedings
Work Authorization
- β’ U visa holders can apply for work authorization
- β’ T visa holders are eligible for work authorization
- β’ VAWA self-petitioners can apply for work permits
- β’ Work permits are usually valid for 4 years for U/T visas
2024 Updates Available
Important 2024 rule changes for T visa holders and updated VAWA filing procedures are covered in our detailed guides for each protection type. Click the links above for complete current information.