U Visa, T Visa & VAWA: Immigration Relief for Crime Victims

Immigrant crime and domestic violence victims can seek legal protection through three pathways: the U Visa, the T Visa, or VAWA self-petition. Each option offers temporary legal status and a potential path to a green card without requiring a separate sponsor. To qualify, you must meet specific eligibility criteria and file the correct forms with USCIS — check current requirements at uscis.gov.

Which Protection Applies to You?

The three main immigration relief options for victims are distinct and designed for different situations:

• U Visa (Form I-918): For victims of certain qualifying crimes (such as assault, sexual assault, trafficking, domestic violence, or kidnapping) who have suffered substantial physical or mental abuse and have been, are being, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime.
• T Visa (Form I-914): Specifically for survivors of severe forms of human trafficking (sex trafficking or labor trafficking). You must be present in the U.S. due to trafficking and comply with reasonable law enforcement requests, or demonstrate you are under 18 or unable to cooperate due to trauma.
• VAWA Self-Petition (Form I-360): For abused spouses, children, or parents of U.S. citizens or lawful permanent residents (LPRs). VAWA allows you to file independently, without the abuser's knowledge or cooperation.

Consulting an experienced immigration attorney is strongly recommended before filing. Ilya Fishkin, immigration attorney advises clients on exactly these relief options and can evaluate which pathway best fits your circumstances.

Eligibility Conditions at a Glance

• You are a victim of a qualifying criminal activity listed under INA §101(a)(15)(U)
• You suffered substantial physical or mental abuse as a result
• You have, are, or are likely to be helpful to law enforcement (a signed Form I-918 Supplement B certification from a qualifying agency is required)
• The crime occurred in the U.S. or violated U.S. federal law

• You are or were a victim of a severe form of human trafficking as defined by the Trafficking Victims Protection Act (TVPA)
• You are physically present in the U.S., American Samoa, or at a port of entry due to trafficking
• You comply with reasonable requests from law enforcement (waived for minors under 18 or victims who cannot cooperate due to trauma)
• You would suffer extreme hardship involving unusual and severe harm if removed from the U.S.

• You are or were married to a U.S. citizen or LPR who subjected you to battery or extreme cruelty, OR you are the abused child or parent of such a person
• You have resided with the abuser
• You are a person of good moral character
• You entered the marriage in good faith (for spousal petitions)

Step-by-Step: How to Apply

1. Identify your pathway. Determine whether the U Visa, T Visa, or VAWA self-petition best fits your situation based on the eligibility conditions above.
2. Gather evidence of the crime or abuse. Collect police reports, medical records, court documents, personal statements, and any other documentation that supports your claim of victimization.
3. Obtain law enforcement certification (U Visa / T Visa). For U Visa, obtain a completed Form I-918 Supplement B signed by a qualifying law enforcement agency. For T Visa, obtain a Form I-914 Supplement B or a Continued Presence document, if applicable.
4. Complete and file the correct USCIS form. File Form I-918 for the U Visa, Form I-914 for the T Visa, or Form I-360 for VAWA. The filing fee for Form I-589 (asylum) is $0; verify current fees for other forms at uscis.gov.
5. Request work authorization if needed. U Visa and T Visa holders are generally eligible for employment authorization. VAWA self-petitioners may file Form I-765 for work authorization once their petition is approved.
6. Apply for a green card when eligible. After holding U or T nonimmigrant status for a required period, or after VAWA approval, you may file Form I-485 (Adjustment of Status) to become a lawful permanent resident, subject to annual statutory visa caps and USCIS processing.

What the Law Says

These protections are grounded in federal statute:

• U Visa: Created by the Victims of Trafficking and Violence Protection Act of 2000 (VTVPA); codified at INA §101(a)(15)(U) and INA §214(p). The annual statutory cap on U Visa approvals is set at 10,000 principal petitioners per fiscal year under INA §214(p)(2)(A) — a statutory figure, not a changing administrative limit. A waitlist system exists for those who qualify but cannot yet be admitted due to the cap.
• T Visa: Also created by VTVPA; codified at INA §101(a)(15)(T). The annual cap is 5,000 T Visas per fiscal year for principal applicants under INA §214(o)(2).
• VAWA: The Violence Against Women Act, originally enacted in 1994 and reauthorized multiple times; the immigration self-petition provisions are codified at INA §204(a)(1)(A)(iii) and related sections of the Immigration and Nationality Act.

For full official guidance on all three pathways, visit USCIS.gov.

This material is for informational purposes only and does not constitute legal advice.