Family members of U-visa holder may receive U-visas too
Benefits of the U Visa to the Recipient
U-visa is not just limited to the victim but can include his family members. Certain immediate family members of U visa recipients may also be eligible to live and work in the US as derivative U visa recipients based on their relationship with the principal recipient. These family members include:
- Unmarried children under the age of 21 of principal U visa recipient
- Spouses of principal U visa recipient
- Parents of principal U visa recipients under age 21 or if incompetent or under special circumstances
- Unmarried siblings under 18 years old of
Am I eligible for a U-visa?
You may be eligible for a U-Visa if:
- You are the victim of qualifying criminal activity.
- You have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity.
- You have information about criminal activity. You were a victim and you were a witness to crimes by a third person.
- If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend can give information on your behalf.
- You will have to be helpful to law enforcement in the investigation or prosecution of the crime.
- The law enforcement agency should know you will need them to sign special forms for you to be eligible for the U-Visa (the form is
- The crime occurred in the United States or violated U.S. laws.
- You are admissible to the United States. If you are not admissible, you may apply for a waiver using Form I-192, Application for Advance Permission to Enter US as Nonimmigrant.
What are the Crimes that Qualify the Victim to Be Eligible for the U-Visa?
Qualifying Criminal Activities
What forms and documents do I file to receive the u-visa for victims and witnesses of criminal activity?
- The first step is to ask the Law Enforcement Agency with which you are cooperating to SIGN and certify your Form I-918 Supplement B Certification. This certification shows that you were a victim and are certified as having helped the government agency punish the criminal. Only a completed Supplement B certification will help win the U-Visa.
- Prepare your Form I-918, Supplement A
- Include your biographical documents (passport, birth certificate, marriage certificate, any prior immigration documents you may have)
- Collect evidence you are the victim of qualifying criminal activity
- Include Evidence you have suffered substantial physical or mental abuse. This could be police reports, medical records, evaluations by a licensed social worker, psychologist or psychiatrist
- Evidence you have information about the criminal activity, and that the criminal activity is qualifying and violated United States law or occurred in the United States.
- Evidence you were helpful to a certifying law enforcement official in the investigation or prosecution of qualifying criminal activity
- A personal statement/declaration describing what happened, all the details of the crime and what you witnessed and how you suffered
- If you are inadmissible, an application for a waiver of inadmissibility on Form I-192, with the appropriate fee or request for a fee waive
- If you are filing Form I-918, Supplement A for an immediate family member:
- Credible documentation of the claimed relationship
- An explanation of why required documents are not available (if applicable)
- If your qualifying family member is inadmissible, an application for a waiver of inadmissibility on Form I-192, with appropriate fee or request for a fee waiver
What happens after I send out my I-918 form for the U-visa?
- First, you will receive a USCIS Receipt Notice with a new case number for your petition for the U-Visa
- Next, you will have to attend a Biometrics appointment with USCIS
- You may receive a Request for Evidence to add documents or other things to your case.
- Last step is to receive your Approval Notice.
Applying for a green card through U-visa
You may be eligible to apply for a Green Card (adjustment of status/permanent residence) after 3 years of having
- You have been physically present in the States for a continuous period of at least three years while in U-visa status, and
- You have not unreasonably refused to provide assistance to law enforcement since you received your U visa.
- You will have to obtain new updated forms to show you have helped law enforcement and are a person of good moral character yourself.
Family Members Deriving Status
If the family member deriving status based on your status has met the eligibility requirements for a Green Card, they may apply for lawful permanent residence by filing their own green card applications. Even if your family members never had U nonimmigrant status or a U visa, they may still be eligible for a Green Card.
- First, you must file a Form I-929, Petition for a Qualifying Family Member of a U-1 Visa holder for each eligible family member.
- You will have to prove your family relationship (birth certificates, marriage certificates, family records).
- You may file the Form I-929 at the same time or after you file your Form I-485.
If the Form I-929 for your family member(s) is approved:
- Family members in the US may file their Forms I-485 to apply for a Green Card. They must also individually meet Green Card requirements.
- Family members outside the United States must first visit a U.S. embassy or consulate to obtain their immigrant visa.
Department of Homeland Security Guide to U-Visa Certification is found online at the website.
T-VISA Victims of Human Trafficking
T-visas are non immigrant (temporary) visas valid up to 4 years and are issued to victims of human trafficking who help law enforcement in investigating and prosecuting human trafficking.
- T-Visa Holders are eligible for receiving work authorization and federal and state benefits and services (like Section 8 subsidized housing, Medicaid, food stamps and cash assistance).
- T-Visa holders who qualify may also be able to adjust their status and become lawful permanent residents (obtain a Green Card).
Congress created this status (commonly referred to as a T- visa) in October 2000 as part of the Victims of Trafficking and Violence Protection Act. Human trafficking, also known as trafficking in persons, is a form of modern-day slavery in which traffickers use force, fraud, or coercion to compel individuals to provide labor or services, including commercial sex. Traffickers often take advantage of vulnerable individuals, including those lacking lawful immigration status. T-visas offer protection to victims of human trafficking and strengthen the ability of police, district attorneys, drug enforcement agencies, FBI and other law enforcement agencies to investigate and prosecute human trafficking. Under federal law, a “severe form of trafficking” is:
- Sex trafficking: When someone recruits, harbors, transports, provides, solicits, patronizes, or obtains a person for the purpose of a commercial sex act, where the commercial sex act is induced by force, fraud, or coercion, or the person being induced to perform such act is under 18 years of age; or
- Labor trafficking: When someone recruits, harbors, transports, provides or obtains a person for labor or services through the use of force, fraud, or coercion for the purpose of involuntary servitude, peonage, debt bondage, or slavery.
What forms do I file to qualify for a T-Visa?
A person may be eligible for T-Visa if she:
- Is a victim of a severe form of human trafficking, and
- Is living the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry due to trafficking, and
- Helps law enforcement in the investigation or prosecution of human trafficking (unless you are under the age of 18 or you are unable to cooperate due to physical or psychological trauma), and
- Demonstrates that she would suffer extreme hardship involving unusual and severe harm if she were removed from the US, and
- Is admissible to the US (If you are not admissible, you may be eligible for a waiver of certain grounds of inadmissibility. You may apply for a waiver using Form I-192.
What forms and documents do I need to file for a T-Visa?
- Form I-914, Application for T Nonimmigrant Status.
- Personal statement/declaration including describing how you became a victim of human trafficking and the suffering you endured, also explain which law enforcement agencies you assisted.
- For family members, including Form I-914, Supplement A, Application for Immediate Family Member of T-1 Recipient
- Evidence of your assistance to the law enforcement agency to investigate or prosecute human trafficking may be Supplement B to Form I-914. However, you may send in trial transcripts, court documents, police reports, news articles, affidavits, or other relevant credible evidence to USCIS.
- Biographical documents (passport, birth certificate, marriage and divorce records, prior immigration correspondence).
- Evidence to show that you meet all other eligibility requirements.
- Form I-192 Waiver for people who are inadmissible.
- Form I-485 Application for a Green Card, and
- Form I-131 Application for Advance Parole for people who wish to travel outside of the US prior to their green card interview
- Form I-765 Application for Work Authorization. But, the work authorization will only be issued by USCIS after approval of the T-Visa.
Can I apply for a green card if I already have the T-Visa?
- T-Visas are issued for a period of 4 years.
- T-Visas may be extended in certain situations.
- T-visa holder may apply for a Green Card after 3 years of continuous presence in US with the T-visa or once the investigation or prosecution of the trafficking is complete, whichever occurs earlier.