What immigration options are available for victims of domestic violence, trafficking, or other crimes?

There are a few different immigration options available for people who have experienced violence or other crimes, including a filing a VAWA self-petition, a nonimmigrant U visa application, and a nonimmigrant T visa application.

The Violence Against Women Act of 1994 (VAWA) allows noncitizens who have been abused by a relative who is a U.S. citizen or lawful permanent resident to self-petition for changes to their immigration status without requiring the abuser’s help or knowledge. A noncitizen who has their self-petition approved may seek legal permanent resident status and ultimately obtain a green card. 

A nonimmigrant U visa is typically reserved for victims of certain crimes who have suffered mental or physical abuse and have been helpful to law enforcement or other government officials in the investigation or prosecution of criminal activity. Once an individual has U visa status and has been physically present in the U.S. for three continuous years, they may be eligible to file for permanent residence and obtain a green card for themselves and/or qualifying family members.

T nonimmigrant status is a temporary benefit that enables certain individuals who were subject to severe forms of sex or labor trafficking to remain in the United States for four years. In certain situations, T nonimmigrant status may be extended. T nonimmigrant may also be eligible to file for permanent residence status and obtain a green card.

Other options available include an application for asylum (link) or registration under a TPS designation (link).

Who qualifies for a VAWA self-petition?

The following individuals may be eligible for VAWA:

• the abused spouse of a U.S. citizen or permanent resident
• the parent of a U.S. citizen who was abused by that U.S. citizen son or daughter
• an abused child under 21, unmarried, who has suffered abuse at the hands of a U.S. citizen or permanent resident parent

Please contact an experienced immigration attorney to learn more about VAWA.

Who can apply for a U visa?

An individual may qualify for a U nonimmigrant visa if:

• they were the victim of qualifying criminal activity
• they suffered substantial physical or mental abuse as a result of having been a victim of criminal activity
• they have information about the criminal activity (or a parent does, if the individual is under the age of 16 or disabled)
• they were helpful, or are likely to be helpful, to law enforcement in the investigation or prosecution of the crime
• the crime occurred in the U.S. or violated U.S. laws
• they are admissible to the U.S., or are eligible to file a waiver

Who qualifies for a T nonimmigrant visa?

Obtaining a T visa requires the person to able to meet the following requirements:

• are experiencing or have experienced a severe form of human trafficking
• are physically present in the U.S. or its territories
• have complied with any reasonable request from the government for assistance in the investigation or prosecution of trafficking
• demonstrate that extreme hardship involving unusual or severe harm would result if you were removed from the United States, and
• are admissible to the United States (or can obtain a waiver of inadmissibility)

These are general guidelines that may not be applicable to everyone. Please contact a licensed immigration attorney to learn more about how to obtain T nonimmigrant status.