Uplifting Victims of Crime and Human Trafficking through U Visa and T Visa in the Immigration Framework
Introduction In a world where global migration is on the rise, vulnerable populations, including victims of criminal activity and human trafficking, face unique challenges in the immigration system. Recognizing the need to protect and support these individuals, the United States government has established special visas—the U visa and T visa—to bridge the gap and provide a pathway to safety and justice. As a federal, state, local, tribal or territorial law enforcement officer, prosecutor, judge, or other government official, USCIS plays an important role in the application process for U nonimmigrant status (also known as a U visa) for victims of certain crimes and T nonimmigrant status (also known as a T visa) for victims of human trafficking. Background Reason for Introducing U Visa and T Visa The Victims of Trafficking and Violence Prevention Act (VTVPA) of 2000 was enacted to strengthen the ability of law enforcement agencies to investigate and prosecute serious crimes and trafficking in persons, while offering protections to victims of such crimes without the immediate risk of being removed from the country. U and T visas not only help protect victims of crime, but are also key tools for you in your work. Lack of legal immigration status in the United States may be among the reasons for some victims choosing not to come forward to work with law enforcement. Perpetrators and human traffickers also use victims’ lack of legal status as leverage to exploit and control them. By stabilizing their status in the United States, immigration relief can be critical to providing victims of crime a greater sense of security that also makes it easier for them to assist you with your law enforcement and prosecutorial efforts. Understanding the U Visa The U visa, or U nonimmigrant status, was created to assist victims of certain crimes who have suffered mental or physical abuse and are willing to assist law enforcement in the investigation or prosecution of those crimes. This visa not only provides temporary legal status but also allows victims to rebuild their lives in the United States. USCIS may find an individual eligible for a U visa if the victim: Is the direct or indirect victim of qualifying criminal activity Has suffered substantial physical or mental abuse as a result of having been a victim of criminal activity Has information about the criminal activity and, Was helpful, is being helpful, or is likely to be helpful to law enforcement, prosecutors, judges, or other officials in the detection, investigation, prosecution, conviction, or sentencing of the criminal activity. Additionally, the victim must be admissible to the United States based on a review of his or her criminal history, immigration violations, and other factors. If found inadmissible, an individual may apply for a waiver of inadmissibility for which he or she may be eligible. Key features of the U visa include: Eligibility Criteria: To qualify for a U visa, individuals must be victim of qualifying criminal activity, have suffered substantial physical or mental abuse as a result, and