Fact Sheets: Victims of Trafficking and Violence Protection Act
(VTVPA) U and T Visas
VTVPA creates two categories of non-immigrant visas, U and T visas. These visas
are available to immigrants who are victims of trafficking and certain crimes.
Individuals granted U and T visas may apply for Lawful Permanent Residency
(LPR) three years after they are granted the visa.
Eligible T Visas immigrants:
Are or have been the victim of a ìsevere form of trafficking of persons;"Are physically
present in the US on account of being a victim of trafficking; Would suffer extreme
hardship involving unusual and severe harm if they were removed from the US; and
Have complied with any reasonable request for assistance in a trafficking
investigation or prosecution or are less than 18 years old.
A "severe form of trafficking of persons" includes trafficking to engage in a commercial
sex act in which the act is induced by force, fraud or coercion or which is performed
by a trafficked person who is younger than 18 years of age. It also includes recruiting
a person through force, fraud or coercion for the purpose of subjecting the person
to involuntary servitude, peonage or slavery.T Visa applicants must file Form I-914,
Application for T Nonimmigrant Status. In addition to evidence of the eligibility
requirements above, immigrants 18 and older should also submit a law enforcement
agency endorsement if possible. Child victims under 18 years of age do not have to
assist law enforcement in the investigation or prosecution of their traffickers.
All applicants are fingerprinted for criminal background checks and may be
required to undergo an interview with a CIS (formerly INS) examiner. T Visa
applicants may apply to have their immediate family members included on their
application. Derivative status is available for a spouse (T-2), child (T-3), parent
(T-4, where the principal applicant is a child), and unmarried siblings under 18
years old.
There is an annual limit of 5,000 T-1 visas (not including derivatives). If no visa
number is available at the time the application is approved, the applicant is put on
a waiting list and given temporary immigration status until a number becomes
available. An approved T visa expires three years from the date of the approved I-914
and immigrants must apply for permanent residency within the 90 days immediately
preceding this expiration date.
Eligible U Visa immigrants:
Either have been helpful, are being helpful, or are likely to be helpful in the investigation
or prosecution of certain criminal activities, including but not limited to the following:
rape, torture, trafficking, incest, domestic violence, and sexual assault.
Must have a federal, state or local official who certifies the above. Regulations
establishing the procedure for U visas have not yet been issued, but interim relief is
available to immigrants who qualify. There is a limit of 10,000 U visas that may be
issued in one year, applicable only to principals and not to dependents.
More information is available at:
http://uscis.gov/graphics/services/tempbenefits/antitraf.htm#unonimmg
http://www.ilrc.org
www.nilc.org
E-mail questions to info@icwclaw.org
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