T Visa versus U Visa. What is the Difference?

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.