Several years ago, Congress created both “T” and “U” visas to encourage victims of certain serious crimes to cooperate with law enforcement officials who are prosecuting criminals. A victim of only certain types of crimes will qualify for a T or U visa, but both T and U visas include the qualifying crime of human trafficking.
Which type of visa should a victim apply for?
Below we explain the important differences between the two visas. U.S.C.I.S. requires different types of evidence to prove eligibility for a T or U visa. An experienced immigration attorney at Immigration Solutions LLC can determine whether trafficking victims have a stronger case for a U visa or a T visa.
What is the difference?
Cooperation with law enforcement is a requirement for U visa applicants. The primary difference between U visas and T visas is that applicants for a U visa must cooperate with law enforcement to a greater extent.
Human trafficking is a qualifying crime for both U and T visas. Many people are unaware of the differences between the two visas and don’t know which to apply for. In case you believe you have been victimized by a serious crime such as human trafficking; it is important to know the difference between each application process. Depending on your situation, one of these visas may be more advantageous than the other.
An applicant for a T visa must have been “trafficked” into the United States. This means that the individual is only present in the United States due to trafficking. A U visa is different. For U visas, an individual could simply have visited the United States (for various reasons) and was then a victim of human trafficking or other specific qualifying crime.