VAWA, U and T Visas

Roxana V. Muro is a knowledgeable immigration attorney with years of experience. Contact the Law Offices of Roxana V. Muro at 909-297-1860 with any immigration issues you may have.

What is an L Visa?

There are several different types of visas a person may apply to gain entry and stay in the United States. VAWA, U, and T visas are separate but related visa programs. VAWA, U, and T visas are granted to people who have been victims of or involved with crimes.

What is a VAWA Visa?

VAWA Visas are granted to immigrants who are victims of “battery or extreme cruelty.” VAWA visas are not intended to for people who suffer battery or extreme cruelty in a foreign country, but rather non-citizens who already in the United States and are the victim of battery or extreme cruelty at the hands of:

• A U.S. citizen spouse
• A U.S. citizen parent
• A U.S. citizen son or daughter; or
• A lawful permanent resident spouse or parent

The VAWA visa allows a person to apply for a green card on their own behalf so that the perpetrator of the abuse cannot use the victim’s immigration status to continue the abuse.

The victim should file an I-360 petition for a special immigrant and can do this own accord without telling the abuser. The victim may also file for a green card and a work permit at the same time as applying for the VAWA visa. The victim’s children, under age 21, can also be granted a VAWA visa.

What is a U Visa

U Visas are granted to victims of some crimes who have suffered “mental or physical abuse AND are helpful to law enforcement of government officials in the investigation or prosecution of the crime.” Unlike the VAWA visa, the victim need not be in the United States to apply for the U visa, but the crime must have been committed in the United States.

In order to be eligible for a U visa, a person must:

• Be the victim of a qualifying crime
• Have suffered mental or physical abuse as a result of the crime
• Have information about the criminal activity
• Have been helpful or are likely to be helpful in the investigation or prosecution of the crime
• The crime occurred in the United States or violated U.S. laws

The victim must file Form I-918, Petition for U nonimmigrant status to be granted a U visa. If you are outside the United States, you must visit the nearest U.S. consulate and consulate staff with assist with the process.

Only 10,000 U visas will be granted per year. If the 10,000 caps are reached before a person’s application has been processed, they will be placed on the waiting list.

A U Visa is good for four years and may be extended in certain circumstances. It is also possible to apply for a green card after getting a U Visa. If the victim has children under age 21, they may be eligible for a U visa as well.

What is a T Visa?
T Visa is granted to victims of severe human tracking human trafficking, generally considered sex trafficking or labor trafficking. A person must be in the United States to be eligible for a T visa. A person must file a Form I-914, application for T nonimmigrant status to obtain a T visa. In order to be eligible for a T visa, a person must:

• Be a victim of a severe form of human trafficking
• Are in the United States, or at a port of entry
• Comply with a request from law enforcement for an assistant with investigation and prosecution of human trafficking
• Demonstrate they would suffer extreme hardship if removed from the United States

A T Visa is good for four years and may be extended in certain circumstances. It is also possible to apply for a green card after getting a U Visa. If the victim has parents, siblings under 18, or children under age 21, they may be eligible for a U visa as well. T visa immigrant may also apply for a temporary work visa.