United States immigration law provides protection for certain victims of trafficking and other serious crimes. Such individuals may apply for T or U nonimmigrant visas depending on the circumstances of their cases. After three years in either nonimmigrant status, they can request lawful permanent residency status.
T Visa
Victims of severe forms of human trafficking may be eligible to seek what is known as a T visa. Severe trafficking includes a wide range of abusive situations, generally involving victims who are tricked or coerced into living or working in terribly inhumane conditions in the United States. A T visa allows trafficking victims to remain in the United States and to assist in the investigation and prosecution of trafficking violations. Individuals granted T visas can apply for permanent residence after three years of being in T visa status or once the relevant trafficking investigation or prosecution is complete. Certain family members of an individual with T visa status may also be eligible for permanent residency.
U Visa
Victims of certain designated crimes in the United States who have consequently suffered physical or mental harm may be eligible for U visas. In order to qualify for a U visa, the individual must be willing to assist law enforcement officials in the investigation or prosecution of the underlying crime. Individuals who have been granted U visas may apply for permanent residency after three years of being in U visa status if they also meet certain requirements.