Victims of Crime, Domestic Violence, and Human Trafficking visa attorney in Jacksonville

You never know how strong you are until being strong is your only choice.

-Bob Marley

U Visa: Immigration Relief for Survivors of Domestic Violence and Other Crimes

Immigrant victims of certain crimes who have been helpful in a criminal investigation or prosecution may qualify for a visa that can lead to a green card. The applicant must first receive law enforcement certification demonstrating their helpfulness in the investigation and/or prosecution. Receiving law enforcement certification is a critical first step in applying for a U-visa.

There is currently a substantial delay in U-visa adjudications. To relieve some of the hardship the delay is causing applicants, U.S. Citizenship and Immigration Services (USCIS) is issuing deferred action to applicants whose U-visas seem approvable, but for whom visas are currently unavailable due only to the backlog and annual cap of 10,000 U-visas per year. If deferred action is granted by USCIS, the applicant is protected from deportation and may apply for work authorization.

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The requirements for U-Nonimmigrant status are:

1. The applicant must have suffered “substantial physical or mental abuse” as a result of being the victim of certain crimes, including “rape, torture, trafficking, incest, domestic violence, sexual assault, abusive sexual contact, prostitution, sexual exploitation, female genital mutilation, being held hostage, peonage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, blackmail, extortion, manslaughter, murder, felonious assault, witness tampering, obstruction of justice, perjury, or attempt, conspiracy, or solicitation to commit any of these crimes.” The criminal activity must have violated the laws of the United States or occurred in the United States or one of its territories or possessions;
2. The applicant must possess information concerning the criminal activity, and must be helpful, have been helpful, or likely to be helpful with the investigation or prosecution of the crime. For minors under 16 years of age, a parent, guardian, or “next friend” who has information about the criminal activity may be the one to cooperate with law enforcement;
3. The applicant must obtain a certification from a law-enforcement official, prosecutor, judge, Department of Homeland Security (DHS), or other federal or state authorities investigating or prosecuting the criminal activity; and
4. The applicant must be admissible under immigration law or must qualify for a waiver of inadmissibility.

If U Nonimmigrant status is approved, the applicant will be granted such status for four years. After holding three years in U-nonimmigrant status and continuous physical presence in the U.S., the applicant will be eligible to apply for adjustment of status, assuming they meet all of the other requirements.

T Visa: Immigration Relief for Survivors of Sex or Labor Trafficking

Human trafficking survivors may be eligible for lawful status, employment authorization, and a potential path to permanent residency if their requests for T-Nonimmigrant status is approved. Labor trafficking, sex-trafficking, and domestic servitude are all examples of human trafficking which is prohibited under U.S. law. Many trafficking survivors do not realize that what they endured amounts to human trafficking, until the elements are explained to them by someone familiar with the legal requirements and process.

There are up to 5,000 T visas available each year. Spouses and unmarried children (and, if the applicant is under 21, parents and unmarried minor siblings) of T-visa applicants may also qualify as dependent family members of the trafficking victim. There is no limit on the number of visas available for qualified family members.

The requirements for T-Nonimmigrant status are:

• The applicant is a victim of a severe form of trafficking;
• The applicant is physically present in the United States on account of trafficking;
• The applicant reports to law-enforcement officials and assists in any investigation or prosecution of the traffickers (victims under 18 years of age are exempted from this requirement); and
• The applicant can demonstrate that she will suffer extreme hardship involving unusual and severe harm if removed from the United States.
• Unlike the U-visa, law enforcement certification is not required to apply for a T-visa, but reporting the trafficking is a requirement. If a T-visa is approved, it will lead to four years of T-Nonimmigrant status, and after the third year, the applicant may proceed with an application for adjustment of status, assuming they meet all of the other requirements.

FAQ: Immigration Relief for Victims of Crime, Domestic Violence, and Human Trafficking

1. Who is eligible to apply for a U visa?
A U visa is available to immigrants who have been victims of specific crimes, such as domestic violence, sexual assault, trafficking, or other qualifying criminal acts. To qualify, applicants must have suffered significant physical or mental abuse due to the crime and must have cooperated or be willing to cooperate with law enforcement in the investigation or prosecution of the crime.

2. What is the role of law enforcement certification in a U visa application?
Law enforcement certification is a critical part of the U visa application. It serves as official confirmation that the applicant was helpful, is being helpful, or is likely to be helpful in the criminal investigation or prosecution. Certification can be obtained from authorized officials, such as prosecutors, judges, or law enforcement officers.

3. What distinguishes a T visa from a U visa?
The T visa is specifically for victims of human trafficking who are in the United States due to trafficking. Unlike the U visa, a T visa does not require law enforcement certification, though applicants must demonstrate they have reported the trafficking and have assisted in any investigations, if required. Both visas provide a path to lawful permanent residency, but they apply to different victim circumstances and have distinct eligibility criteria.

4. Can family members be included in a U or T visa application?
Yes, certain family members may qualify as dependents on both U and T visas. For U visa applicants, eligible family members include spouses, children, and sometimes parents and siblings, depending on the age of the primary applicant. T visa applicants can also include their spouses, children, and, in some cases, parents and unmarried minor siblings.

5. How long does the U or T visa process typically take?
The U and T visa processes can take several years due to high demand and limited annual visa caps (10,000 for U visas and 5,000 for T visas). For U visa applicants, deferred action may be available while they await a final decision. An immigration attorney can help expedite the application process where possible and assist with work authorization requests in the interim.

6. How does a U or T visa lead to permanent residency?
After holding U or T nonimmigrant status for three years and maintaining continuous physical presence in the U.S., visa holders may apply for adjustment of status to become lawful permanent residents. They must meet additional eligibility requirements, which may include continued cooperation with law enforcement (for U visa holders) and demonstrating that remaining in the U.S. serves humanitarian interests or public benefit (for T visa holders).