Why is the U Visa wait time so long?

The U Visa has an annual cap of only 10,000, but applications far exceed this number. The current backlog exceeds 300,000 cases, resulting in wait times of several years. The positive development is that applicants placed on the waitlist receive Deferred Action and an EAD, allowing legal work and residence during the wait. USCIS has added adjudicators in recent years, but the backlog remains substantial.

What qualifies as "severe trafficking" for a T Visa?

"Severe Forms of Trafficking in Persons" as legally defined includes: (1) Sex trafficking — using force, fraud, or coercion to compel commercial sex acts (victims under 18 need not demonstrate force, fraud, or coercion); (2) Labor trafficking — using force, fraud, or coercion to compel involuntary servitude, debt bondage, or slavery. Common situations include: forced prostitution, forced labor (in factories, restaurants, farms), domestic servitude, and passport confiscation.

Can undocumented individuals apply for U/T visas?

Yes. U and T visas place no restrictions on the applicant's manner of entry or current immigration status. Even those who entered without inspection, overstayed, or have no lawful status may apply. In fact, many U/T visa applicants are in undocumented status precisely because of the criminal or trafficking conduct they experienced. These visas are specifically designed to encourage crime victims to cooperate with law enforcement regardless of immigration status. Certain inadmissibility grounds may also be waived (Form I-192 or I-601).

What protection can U/T visa holders' family members receive?

U Visa: The principal applicant may petition for derivative U visas for the following family members — spouse (U-2), children under 21 (U-3), parents (U-4, if the principal is under 21), and siblings under 18 (U-5, if the principal is under 21). T Visa: Petitions are available for spouse (T-2), children under 21 (T-3), parents (T-4, if principal is under 21), and siblings under 18 (T-5, if principal is under 21). Derivative beneficiaries receive the same lawful status and work authorization.

The Peng Law

U Visa / T Visa (Crime / Trafficking Victims)

The U Visa and T Visa are special visa categories established by Congress to protect victims of crime and human trafficking.

Overview

The U Visa and T Visa are special visa categories established by Congress to protect victims of crime and human trafficking. The U Visa (Form I-918) is for individuals who have suffered substantial physical or mental abuse as a result of specific qualifying crimes (such as domestic violence, sexual assault, kidnapping, extortion, etc.) and who cooperate with law enforcement in the investigation or prosecution of the crime. The T Visa (Form I-914) is for victims of severe forms of trafficking in persons, including labor trafficking and sex trafficking. Both visas provide lawful status, work authorization, and a pathway to a green card. The U Visa has an annual cap of 10,000, while the T Visa has a cap of 5,000. Due to the significant application backlog, U Visa wait times are currently very long.

Eligibility

U Visa: Must have been a victim of a qualifying crime committed in the U.S. (one of 28 designated crimes, including domestic violence, sexual assault, kidnapping, extortion, trafficking, false imprisonment, etc.)

U Visa: Must have suffered substantial physical or mental abuse as a result of the crime

U Visa: Must obtain an I-918 Supplement B certification from a qualifying law enforcement agency (police, prosecutor, judge, etc.) confirming the victim has been, is being, or is likely to be helpful in the investigation or prosecution

T Visa: Must be a victim of a severe form of trafficking in persons (labor or sex trafficking)

T Visa: Must be in the U.S. (or entered the U.S. because of trafficking) and must comply with reasonable law enforcement requests (victims under 18 are exempt from the cooperation requirement)

T Visa: Must demonstrate that removal from the U.S. would cause extreme hardship

Both visas: The applicant must be admissible or qualify for an admissibility waiver

Application Process

Obtain Law Enforcement Certification

U Visa: Contact the law enforcement agency investigating your case and request signature of I-918 Supplement B certification. T Visa: If applicable, obtain an LEA declaration or other evidence from law enforcement.

Prepare and Submit Application

U Visa: File Form I-918 with USCIS and supporting evidence. T Visa: File Form I-914 with evidence. No filing fee for either. Include a personal declaration, evidence of the crime/trafficking, and law enforcement certification.

Await Adjudication

USCIS reviews the application. U Visa cases face a significant backlog with wait times potentially spanning several years. T Visa processing is generally shorter.

Waitlist Status (U Visa)

If the annual U Visa cap is reached, qualified applicants are placed on a waitlist and receive Deferred Action with an EAD until a visa number becomes available.

Approval and EAD

Upon approval, the applicant receives 4 years (U Visa) or 4 years (T Visa) of lawful nonimmigrant status and work authorization.

Apply for Green Card

U Visa holders may apply for a green card after 3 years in U status. T Visa holders may apply after 3 years in T status (or after the investigation concludes).

Timeline Reference

Stage	Duration
Law Enforcement Certification	1–6 months (varies by agency)
U Visa Adjudication	3–7 years (significant backlog)
T Visa Adjudication	6–18 months
Waitlist EAD (U Visa)	3–6 months after placement on waitlist
Green Card Application	After 3 years in U/T status

Frequently Asked Questions

You do not necessarily need to have filed the police report yourself, but you must obtain I-918 Supplement B certification from a qualifying agency. "Certifying agencies" encompass a broad range: federal/state/local police, prosecutors, judges, immigration enforcement (ICE/CBP), Department of Labor, EEOC, child protective services, and more. Even without a police report, if another agency investigated the crime (e.g., a prosecutor brought charges, child protective services intervened), certification may be sought. The certification confirms the victim's helpfulness — a criminal conviction is not required.

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