U Visas & T Visas | Law Office of Jonathan Langer, PLLC

U visas: victims of qualifying criminal activity

U nonimmigrant status may be available to victims who suffered substantial physical or mental abuse from qualifying criminal activity, possess information about it, and have been, are being, or are likely to be helpful to an authorized agency. Qualifying categories include domestic violence, sexual assault, rape, stalking, felonious assault, kidnapping, false imprisonment, extortion, blackmail, trafficking, involuntary servitude, obstruction of justice, witness tampering, and certain related crimes. A signed Form I-918 Supplement B certification is generally required.

T visas: trafficking and exploitation

T nonimmigrant status may be available to survivors of severe forms of trafficking, including sex trafficking involving force, fraud, or coercion (or commercial sex involving a minor) and labor trafficking through force, fraud, or coercion. Examples may include threats, document confiscation, debt bondage, coercive workplace conditions, or being compelled to work without pay. An unpaid-wage violation alone does not necessarily establish trafficking. A law-enforcement declaration can support a T application but is not mandatory.

Old incidents and careful investigation

There is generally no fixed federal filing deadline based solely on when the underlying crime or trafficking occurred. Evidence may still be difficult to locate, and U certification, helpfulness, T physical-presence and cooperation requirements, and applicable exceptions need individual analysis. A prosecution or conviction of the perpetrator is not necessarily required.

Building a survivor-centered record

Where appropriate, we investigate records, interview witnesses, obtain certifications, and coordinate interpreters and qualified psychological evaluators. The goal is an accurate, corroborated account without unnecessary repetition of traumatic experiences.

The eligibility requirements for U and T status differ, including certification, physical presence, cooperation, admissibility, and exceptions. A confidential consultation can identify which framework may apply.

Is VAWA another option for survivors?

Some survivors of domestic violence can instead pursue VAWA self-petitions if the abuser is a qualifying U.S. citizen or lawful permanent resident relative. Unlike the U-visa process, VAWA does not generally require a law-enforcement certification. The immigration consequences and evidence requirements differ; a careful assessment may identify more than one possible route.