What are the statutes for the U visa and the T visa?

The primary statutory provisions are 8 U.S.C. § 1101(a)(15)(U) for the U visa and 8 U.S.C. § 1101(a)(15)(T) for the T visa.[1][2] In brief, the U visa protects victims of certain qualifying crimes who suffered substantial abuse and are helpful to law enforcement, while the T visa protects victims of a severe form of trafficking in persons who comply with reasonable law-enforcement requests and meet the other statutory requirements.[1][2][3][4]

Brief Synopsis

VisaStatuteCore purposeKey eligibility concept
U visa8 U.S.C. § 1101(a)(15)(U)Immigration relief for victims of specified crimesVictim of qualifying criminal activity; suffered substantial physical or mental abuse; helpful to law enforcement[4][5]
T visa8 U.S.C. § 1101(a)(15)(T)Immigration relief for trafficking survivorsVictim of a severe form of trafficking in persons; physical presence due to trafficking; compliance with reasonable law-enforcement requests, subject to exceptions[3][5]

Short Explanation

U visa

The U nonimmigrant classification was created to encourage victims of certain crimes to come forward and assist law enforcement. USCIS explains that it is for victims of enumerated “qualifying criminal activities” who have suffered substantial physical or mental abuse and are helpful to law enforcement or government officials.[4] The implementing regulation defines the certification process and identifies certifying agencies and officials.[5]

T visa

The T nonimmigrant classification protects victims of human trafficking, also called trafficking in persons. USCIS states that eligibility generally requires that the applicant be or have been a victim of a severe form of trafficking, be physically present in the United States because of trafficking, and comply with reasonable requests for assistance in investigation or prosecution, unless an exception applies.[3] The regulation similarly frames the program as relief for alien victims of qualifying trafficking-related conduct.[5]

Sources & References

  1. 8 U.S.C. § 1101(a)(15)(T), (U); 22 U.S.C. § 7105(c)(3)
  2. U and T Visa Certifications
  3. Victims of Human Trafficking: T Nonimmigrant Status
  4. Victims of Criminal Activity: U Nonimmigrant Status
  5. 8 C.F.R. § 214.14

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What are the statutes for the U visa and the T visa? | OpenCase