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

Immigrant crime victims may qualify for three distinct forms of protection: the U visa (for crime victims who cooperate with law enforcement), the T visa (for trafficking survivors), or VAWA self-petition (for survivors of domestic violence by a US citizen or permanent resident). Eligibility depends on the type of harm suffered and your relationship to law enforcement or the abuser. Check the latest requirements on the official USCIS website.

Quick Answer

Yes, undocumented immigrants and visa holders who are victims of certain crimes, trafficking, or domestic violence can obtain lawful immigration status without their abuser's or trafficker's cooperation. The U visa, T visa, and VAWA provide separate legal pathways. Each has distinct eligibility requirements, forms, and procedures — but all three can stop or prevent deportation proceedings.

Eligibility Conditions

Understanding which program fits your situation is the critical first step. Here is a breakdown:

• U Visa (INA §101(a)(15)(U)): You must have been a victim of a qualifying crime (e.g., domestic violence, sexual assault, human trafficking, extortion, stalking) that violated US law; suffered substantial physical or mental abuse; possess information about the crime; and be helpful, or likely to be helpful, to law enforcement or prosecutors. A law enforcement certification (Form I-918 Supplement B) is required.
• T Visa (INA §101(a)(15)(T)): You must be a victim of a severe form of human trafficking (sex trafficking or labor trafficking); be physically present in the US as a result of trafficking; comply with reasonable requests from law enforcement (with limited exceptions for minors or survivors unable to cooperate); and demonstrate you would suffer extreme hardship involving unusual and severe harm if removed.
• VAWA Self-Petition (INA §204(a)(1)(A)(iii) / (B)(ii)): You must be a victim of battery or extreme cruelty committed by a US citizen or lawful permanent resident spouse, parent, or adult child; have lived with the abuser; and be a person of good moral character. Crucially, you can file without the abuser's knowledge or consent.

For all three pathways, being in active deportation proceedings does not automatically disqualify you — relief can still be requested before an immigration judge or USCIS.

How to Apply: Step-by-Step

1. Identify your pathway: Determine whether the U visa, T visa, or VAWA best fits your circumstances based on the type of crime and your relationship to the perpetrator.
2. Gather evidence: Collect police reports, medical records, court documents, protective orders, declarations from witnesses, or any documentation that supports your claim of victimization and cooperation.
3. Obtain law enforcement certification (U or T visa): For the U visa, ask the certifying agency (police department, prosecutor, or judge) to complete Form I-918 Supplement B. For the T visa, law enforcement certification is helpful but not always mandatory.
4. Complete the correct form: File Form I-918 (U visa petition), Form I-914 (T visa application), or Form I-360 (VAWA self-petition). Each form has specific supporting documents listed in the USCIS instructions.
5. Submit to USCIS: Mail your complete petition package to the USCIS Vermont Service Center (U and T visas) or the USCIS Violence Against Women Act Unit. Verify current mailing addresses on uscis.gov before sending.
6. Respond to any Requests for Evidence (RFEs): USCIS may issue an RFE asking for additional documentation. Respond fully and on time. If your case is approved, you may receive deferred action, employment authorization, and ultimately lawful permanent residence.

What the Law Says

All three protections were created or codified by the Victims of Trafficking and Violence Protection Act of 2000 (VTVPA) and subsequent reauthorizations, including the Violence Against Women Act (VAWA). Key statutory provisions:

• U visa: INA §101(a)(15)(U) and INA §214(p); regulations at 8 CFR §214.14.
• T visa: INA §101(a)(15)(T) and INA §214(o); regulations at 8 CFR §214.11.
• VAWA self-petition: INA §204(a)(1)(A)(iii) for spouses of US citizens and INA §204(a)(1)(B)(ii) for spouses of LPRs.

Congress set an annual cap of 10,000 U visa approvals per fiscal year. T visas are capped at 5,000 per year, though this cap has rarely been reached. VAWA self-petitions are not subject to a numerical cap. If you are in deportation proceedings, an approved U visa petition or VAWA approval can serve as a strong basis for a motion to reopen or terminate your case.

Immigration attorney Ilya Fishkin, immigration attorney advises victims to act quickly, as evidence and witness cooperation can deteriorate over time — and delays may complicate the certification process.

For the most current fee amounts, processing times, and form versions, always verify directly on USCIS.gov.

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