U & T Visa Attorneys in Skokie
Seeking Protection for Human Trafficking Victims
U and T visas were created by Congress to encourage the victims of certain serious crimes to cooperate with the law enforcement officials who prosecute criminal offenders. Only specific crimes and victims can qualify for a U or T visa status. In most cases, U and T visas involve victims of human trafficking and other serious crimes.
Gambacorta Law is passionate about helping foreign nationals in need. We represent the victims of crimes, fighting tirelessly to ensure that they receive the immigration benefits and protections they need. If you are applying for a T or U visa, schedule a consultation with us today.
A T visa provides protection and immigration benefits to victims of human trafficking. Victims can remain in the United States as long as they assist law enforcement in the investigation or prosecution of those responsible for the crime.
You may be eligible for a T visa if you:
- Are or were a victim of trafficking, as defined by law
- Are in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry due to trafficking
- Comply with any reasonable request from a law enforcement agency to help in the investigation or prosecution of human trafficking
- Demonstrate that you would suffer extreme hardship involving unusual and severe harm if you were removed from the United States
- Are admissible to the United States (if not admissible, you may apply for a waiver on a Form I-192, Application for Advance Permission to Enter as a Non-Immigrant)
When applying for a T visa, you’ll want to ensure that you have all the necessary documentation ready to submit. Working with a trusted immigration attorney can help improve your chances of approval.
To apply for a T visa, the victim must submit:
- Form I-914, Application for T Nonimmigrant Status
- Three passport-size photographs
- A personal statement explaining how they were a victim of trafficking
- Evidence to show you the meet eligibility requirements
This status provides protection and immigration to victims of crimes who have suffered substantial physical or emotional abuse related to the crime. As long as the individual assists law enforcement with the investigation, arrest, or prosecution, they are allowed to remain in the United States.
To obtain a U visa, you will have to prove that you are the victim of qualifying criminal activity and that you suffered substantial physical or mental injury. Solicitation, conspiracy, or attempts to commit a crime count as qualifying criminal activity.
Examples of qualifying crimes include:
- Violent crimes: Murder, manslaughter, vehicular homicide, robbery, felonious assault, stalking, or domestic violence
- Enslavement crimes: Criminal restraint, kidnapping, abduction, holding someone hostage, forced labor, slavery, human trafficking, indentured or debt servitude, or false imprisonment
- Sexual crimes: Rape, incest, sex trafficking, sexual assault and abusive sexual contact, prostitution, sexual exploitation, or female genital mutilation
- Obstruction of justice crimes: Perjury, witness tampering, or withholding evidence
- Fraud in foreign labor contracting: A later addition to the statute, made in 2014
To apply for a U visa, the applicant must submit:
- Form I-918, Petition for U Nonimmigrant Status
- Form I-918, Supplement B, U Nonimmigrant Status Certification.
- Form I-192, Application for Advance Permission to Enter as Nonimmigrant, to request a waiver of the inadmissibility if necessary
- A personal statement describing the criminal activity of which they were a victim
- Evidence to establish each eligibility requirement
Law Enforcement & Protection
The U and T visas are reserved for law enforcement and court officials. They have the discretion to assign protection to crime victims. They will offer immigration relief as encouragement and a way to assist their case. In most cases, the law enforcement agency must have direct knowledge of the victim’s participation and the victim must offer something of value to their investigation to qualify for a U or T visa.
Call Gambacorta Law Today
Regardless of the type of visa you apply for, you will need to submit ample evidence to prove your eligibility. When seeking a U or T visa, you need the help of a legal professional who is experienced in filing visa petitions.
At Gambacorta Law, we assist clients on matters concerning immigration laws and we have been doing so for years. We study each case carefully, giving our clients individualized counsel. We help clients every step of the way, from their initial filing to document preparation. Our goal is to provide clients with efficient and effective visa assistance.