Oftentimes, immigrants are scared to report that they have been a victim of a crime out of fear that their immigration status will be questioned or that this report could lead to deportation from the United States. To encourage cooperation between immigrants and law enforcement, the United States offers options for immigrants who are victims of certain crimes: U-Visas and T-Visas. These options are designed to help immigrants feel safe and comfortable reporting criminal activity, which enables United States law enforcement to launch an effective investigation into the victim’s report.
What is a U-Visa?
A U-Visa is a powerful option for certain crime victims to feel safer reporting crimes and be more willing to work with law enforcement, even if they do not have lawful immigration status. A U-Visa offers legal immigration status, work authorization, a pathway to becoming a lawful permanent resident (green card holder) and may also provide immigration status for qualifying "immediate" family members of the victim (meaning a spouse and unmarried children under 21 years old).
Eligibility
To qualify for a U-Visa, an applicant must be a victim of a qualifying crime or criminal activity, have information about the crime, and be likely to be helpful in the detection or investigation of the crime. It is important to note that even if an applicant was a victim in the past and did not report a crime, they can still report that crime at any time. This delay in reporting does not affect the eligibility of the victim. Many different crimes qualify a victim for a U-Visa.
What is a T-Visa?
While a U-Visa offers temporary immigration for victims of a wide range of crimes, a T-Visa is specifically designed to protect victims of Human Trafficking. Much like a U-Visa, a T-Visa encourages victims to report their victimization to law enforcement and promotes cooperation between law enforcement and the victim. A T-Visa offers legal immigration that enables certain victims of a severe form of trafficking to remain in the United States for up to four years if they comply with law enforcement investigations. T-visas also provide a pathway to become a lawful permanent resident (green card holder), work authorization, and the ability to petition for certain qualifying relatives. In addition to a T-visa applicant's ability to petition for parents and children, T-Visas provide the unique and generous ability to petition for parents and siblings under certain circumstances. The T-Visas are a steppingstone in helping a victim rebuild their life and achieve family unity.
Eligibility
To be eligible for a T-Visa, the applicant must be the victim of a severe form of trafficking, be physically present in the United States, have complied with any request from law enforcement for assistance in the investigation, and demonstrate that the applicant would suffer severe hardship or harm if they were removed from the United States.
Correcting past injustices
Even if a victim has a removal order from the United States, he or she may still qualify for a U-visa or T-visa by applying for the appropriate waiver. Additionally, the victim could request that the immigration court cancel the remove order after the U-visa or T-visa application is filed, depending on the unjust circumstances that caused the deportation order.
Not sure if you qualify for a U-Visa or a T-Visa?
At August Legal, we are here to assist you in determining your eligibility and help you in your journey to receiving your respective visa. Contact Us today for an attorney consultation and take your first step toward receiving legal immigration status in the United States.
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