U Visas, T Visas, S Visas for Victims of Criminal Activity
The Victims of Trafficking and Violence Protection Act created certain visas for non-citizens that were the victims of criminal activity.
U Visas
The U Nonimmigrant Visa was created to help victims of domestic violence and other qualifying crimes. The purpose of the U Nonimmigrant Visa is to facilitate the investigation and prosecution of domestic violence, sexual assault, rape, trafficking, among others.
There are four requirements for a person to obtain U nonimmigrant status. First, a person must have suffered substantial physical or mental abuse as a result of qualifying criminal activity. Second, the non-citizen must have been helpful, be helpful, or be likely to be helpful in the investigation or prosecution of qualifying criminal activity. Third, the non-citizen must have information pertaining to the criminal activity. Finally, the criminal activity must have occurred in the United States or its territorial lands.
Generally speaking, the first requirement is the crux of the analysis. Whether or not a non-citizen suffers “substantial” abuse is a fact-specific analysis. This must be shown in order to obtain U nonimmigrant status. Once a person obtains U nonimmigrant status, he or she maintains that status for a period of four years. After three years, the non-citizen may apply for legal permanent residency. During the four years with U visa status, a non-citizen is authorized to work in the United States. Employment authorization is contingent upon obtaining U visa status. That is, employment authorization will not be granted to a U visa petitioner before the U nonimmigrant visa petition is approved.
Traveling while having U nonimmigrant status is allowed, but depending on a person’s immigration and criminal history, the decision to travel should be carefully considered.
S Visas
S nonimmigrant visa status was created for non-citizens with critical, reliable information in the prosecution of a criminal organization, among other groups. For instance, a non-citizen may be granted S-5 status if he or she has critical and reliable information to the prosecution of criminal activity. S-6 status may be granted to non-citizens with information necessary to prosecute terrorist organizations. Significantly, unlike U nonimmigrant status, an S visa can only be requested by federal or state law enforcement agencies, or courts. An S visa is valid for period of three years.
T Visas
Due to growing concerns over the sexual exploitation of women and girls, the United States Congress created the T nonimmigrant visa. The purpose of the T visa is to prevent, in short, sex trafficking or slavery. In order to obtain a T visa, a non-citizen must help law enforcement authorities investigate or prosecute those involved with sex trafficking or slavery. In addition, a non-citizen must prove that his or her removal from the United State would impose a severe hardship to him or her.
T visas are limited in number. That is, only 5,000 T visas are issued per year. T visas are divided into various categories: T-1 for victims, T-2 for spouses of victims, T-3 for children of victims, and T-4 for parents of victims. T-2, T-3, and T-4 are not limited in number. Therefore, those granted T2, T-3, or T-4 status do not count towards the 5,000 numerical limit.
Similar to U nonimmigrant status, T visa status authorizes employment and creates a path to legal permanent residency after three years.