Austin U and T Visas Attorney

• U-Visas are a type of temporary immigration benefit that is granted to the survivors of certain types of crimes, as well as some qualifying family members of the survivor. 
• U visa status is technically non-immigrant, temporary status. 
• Approved applicants are awarded a work permit and protection from deportation for 4 years. 

• U-visas may be granted to individuals who:
  • Are the victim of certain kinds of crimes;
  • Are helpful in the investigation and/or prosecution of the crime or criminal activity, with a certification from a law enforcement agency stating that they were helpful; 
  • Suffered substantial harm because of the crime. 
• Many individuals who would otherwise be ineligible to gain legal status in the United States can obtain a waiver for certain grounds of inadmissibility, including for some criminal and immigration violations.
• Individuals who qualify for a U-Visa can also include qualifying family members in their application for a U-Visa, and these individuals can also apply for any necessary waiver and potentially also receive protection and a work permit. 

• A U-Visa application typically takes many years to process because the law has a limit on how many U visas can be approved each year, and this has created an ever-growing backlog.   
• While the wait for a final decision on a U visa takes many years, USCIS is now providing some applicants with authorization to work while their U visa application is still pending.

• A U Visa allows an individual to remain in the US for up to four years, and extensions beyond that time period are sometimes possible. 
• A U Visa holder can use an approved work permit to get a social security number and lawfully work in the U.S. if they didn’t already receive a permit during the process. 
• All these benefits can also apply to qualifying family members who were included. 
• U visa status can be granted to an individual even if that individual has been ordered removed by an immigration judge.  For those who have been unable to reopen old removal orders, this is an incredible legal benefit.

• Yes. Domestic violence is a qualifying crime, and this is probably the most common type of U visa request. 
• Most often, it is better for a victim of domestic violence to apply directly for resident through the VAWA if the were married, and if their abuser was a lawful permanent resident of the U.S.  But where the abuser was not a spouse, and/or where the abuser is undocumented, U visa is often the only option.

• Sometimes status can be extended.  But every U visa holder, whether they were the main applicant or an included family member, can apply for a green card and residency after three years. 
• Sparks Law recommends that every U visa holder apply for a green card as soon as possible once they reach the 3-year mark. 
• Obtaining residency puts the green card holder on a pathway to U.S. citizenship through naturalization after 5 years.

A T-Visa is a type of temporary immigration benefit that is granted to the survivors of human trafficking, such as sex-trafficking and labor trafficking, and some qualifying family members. 

• Survivors of severe trafficking (sex trafficking and labor trafficking)
• Those physically present in the United States or its territories, or at a port of entry to the United States or its territories, due to trafficking that they suffered. 
• Those who complied with all reasonable requests by law enforcement agency to help in the investigation or prosecution of human trafficking, unless:
  • The individual was under 18 at the time the trafficking occurred, or
  • The individual was unable to assist law enforcement due to physical or psychological trauma.
• Those who prove they would suffer extreme hardship if they were forced to leave the U.S.
• Those who demonstrate that they are admissible to the U.S. or that they qualify for a waiver of the grounds of inadmissibility, which could include criminal convictions or immigration violations.

• No.  Applicants are not required to get a signature from any law enforcement agency.  
• However, helping law enforcement by at least reporting the crime is very important.

• T visa benefits are very similar to those who hold U visa status and include the same benefits listed on this website under the U visa section. 
• T visa holders can, like U visa holders, apply for residency after three years of having their status approved.