U and T Nonimmigrant Status

What is U and T Visa Status and who currently qualifies?

U and T visa status are programs with the intention of aiding immigrants that are victims of certain criminal activity. U nonimmigrant status is designed to aid victims of crimes that involve mental or physical abuse who assist law enforcement and other government officials in the investigation and/or prosecution of the crime. T visas are designed for victims of human trafficking who fulfill a reasonable request for aid in detecting, investigating, and/or prosecuting human trafficking. 

How does one apply for a U or T visa?

1. Turn in a completed Form I-918 to the USCIS
   1. This is the main application document,
2. Turn in a completed Form I-918 Supplement B
   1. This form is confirmation that the applicant was cooperative with law enforcement, prosecutors, and other government officials in investigating and prosecuting the crime of which they were a victim. 
   2. This cooperation element is key to the public policy goals of the U and T nonimmigrant status programs, as it encourages cooperation with authorities, even if the victim is undocumented and may be wary of authority figures.
3. If petitioning for other family members, turn in a completed Form I-918 Supplement A.
   1. This allows other family members to receive U visa status based on their relationship to the victim of the crime.

What are the benefits of U or T visa status?

The immediate benefit of U or T visa status is that an individual receives lawful status, allowing them to remain in the United States for four years without entering removal proceedings. They are also allowed to petition for close family members, usually a spouse, unmarried minor children, and, if the victim is a child, parents and unmarried minor siblings. If granted, the family members all receive U nonimmigrant status. Another benefit is that employment authorization comes with U nonimmigrant status, allowing one to work legally in the United States while they are allowed to live here.

The biggest benefit of U and T nonimmigrant statuses is that they are a pathway to permanent residency, often known as a “green card.” While one does not immediately qualify after being granted a U or T visa, one is eligible after living continuously within the United States for four years after obtaining U or T nonimmigrant status. The process is lengthy, but having a green card is the last step before U.S. citizenship. 

What are the limitations of U and T visa status?

One of the main limitations of the current U and T nonimmigrant status programs is that a limited number of principal U visas—10,000—are issued annually. There are significantly more U visa applicants than visas issued annually, with over 35,000 filed in 2017 and again in 2018. Given this difference in applications and visas issued, there is a large queue of pending applications—142,000 as of 2019.