Immigration Options for Victims of Crimes
Congress created both T and U visas to encourage the victims of certain serious crimes to cooperate with law enforcement officials who are prosecuting criminal offenders.
Visit the U.S. Citizenship and Immigration Services website for more information.
The U Visa is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity.
Non-US citizens might be eligible for a U Visa if:
- They are the victims of qualifying criminal activity.
- They have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity.
- They have information about the criminal activity.
- They were helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime.
- The crime occurred in the United States or violated U.S. laws.
- They are admissible to the United States. If not admissible, an individual can apply for a waiver on a Form I-192, Application for Advance Permission to Enter as a Non-Immigrant.
- If the person is under the age of 16 or unable to provide information due to a disability, a parent, guardian, or friend may assist law enforcement on your behalf.
- NOTE: Given the complexity of U Visa petitions, petitioners can work with a legal representative or a victim advocate.
- If an individual believes he/she may qualify for a U Visa, then he/she or his/her representative will complete a USCIS Form I-918, Petition for U Nonimmigrant Status (Form I-918) and submit it to U.S. Citizenship and Immigration Services (USCIS) with all relevant documentation, including a USCIS Form I-918B U Visa Law Enforcement Certification (Form I-918B).
- Aliens or their representatives seeking certification for a U Visa shall contact the Randolph Police Department detective bureau. The assigned detective will cause an inquiry into the matter to determine if the alien has been a victim of a qualifying crime under the jurisdiction of this department; has specific knowledge and details of crime; and has been, is being, or is likely to be helpful to law enforcement in the detection, investigation, or prosecution of the qualifying crime.
- Aliens or their representatives seeking certification for crimes occurring outside the jurisdiction of Randolph Township shall contact the local jurisdiction or the county prosecutor’s office in which the crime occurred.
The T Visa is set aside for those who are or have been victims of human trafficking and are willing to assist law enforcement in the investigation or prosecution of acts of trafficking.
Non-US citizens may be eligible for a T Visa if he/she:
- Is or has been a victim of a severe form of trafficking in persons (which may include sex or labor trafficking); and
- Is in the United States due to trafficking;
- Has complied with requests for assistance in an investigation or prosecution of the crime of trafficking; and
- Would suffer extreme hardship involving unusual and severe harm if removed from the United States.
- The T Visa declaration is supplementary evidence of a victim’s assistance to law enforcement that an official can complete for a T Visa applicant. The declaration must be provided on Form I-914, Supplement B.