1. What visa options are available for crime victims?

The U.S. Department of Homeland Security offers two visa options for victims of certain crimes: the U-Visa and the T-Visa.

The U-Visa is available to those who have been victims of certain qualifying criminal activity and have suffered substantial physical or mental abuse as a result of the crime. To be eligible for a U-Visa, the applicant must be helpful to law enforcement and government officials in the investigation or prosecution of the crime.

The T-Visa is available to victims of human trafficking, including sex trafficking and labor trafficking. To be eligible for a T-Visa, the applicant must be able to demonstrate that they have been a victim of severe forms of trafficking, that they have complied with any reasonable requests for assistance in the investigation or prosecution of traffickers, and that they would suffer extreme hardship involving unusual and severe harm if they were removed from the United States.

2. How do I apply for a visa as a crime victim?

If you are a victim of a crime in the United States, you may be eligible for a U visa. U visas provide temporary legal status and work authorization to certain victims of crime who have suffered mental or physical harm and are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity. To apply for a U visa, you must submit Form I-918, Petition for U Nonimmigrant Status, to the U.S. Citizenship and Immigration Services (USCIS). Along with the form, you must also provide evidence of your eligibility, including evidence that you were the victim of qualifying criminal activity, evidence that you suffered physical or mental harm, and evidence that you have information about the criminal activity. You must also submit a Form I-918 Supplement B, Certification from Law Enforcement Agency or Other Governmental Agency. This form must be signed by an authorized official of a federal, state, or local law enforcement agency, prosecutor’s office, or other governmental agency that has investigated the criminal activity.

3. What is the U visa and who is eligible to apply for it?

The U visa is a form of relief that is available to certain victims of qualifying criminal activity. To be eligible, an individual must have been the victim of a qualifying criminal activity, have suffered substantial physical or mental abuse as a result of that criminal activity, possess information regarding the criminal activity, and be willing to assist law enforcement in the investigation of the criminal activity. Additionally, the individual must meet certain other requirements, including being admissible to the United States at the time of application and maintaining continuous physical presence since the crime occurred.

4. How long does it take to process a U visa application?

Processing times for U visa applications vary depending on the individual’s specific circumstances. Generally, it can take anywhere from 6 months to 2 years for an application to be processed.

5. What types of crimes qualify for U visa protection?

U Visa protection applies to victims of qualifying criminal activities, including: rape; torture; trafficking; domestic violence; sexual assault; abduction; false imprisonment; being held hostage; extortion; stalking; incest; slave trade; involuntary servitude; and other related crimes.

6. What protections are provided by the U visa?

The U visa provides protection from deportation and allows victims of certain crimes to remain in the United States and to get work authorization. It also grants family members related to the victim the right to travel and work in the United States. It also provides access to certain public benefits such as public health insurance, food stamps, and educational assistance. Additionally, it offers protection from future victimization and access to critical resources such as counseling and social services.

7. Who can file a T visa application?

A T visa application can be filed by a noncitizen who has been a victim of human trafficking and is currently present in the United States. The applicant must demonstrate that they have been a victim of a severe form of human trafficking, that they are assisting government officials in the investigation or prosecution of human trafficking, and that they would suffer extreme hardship involving unusual and severe harm if removed from the United States.

8. Do I need to pay a fee to apply for a T visa?

No, you do not need to pay a fee to apply for a T visa. However, you may be required to pay certain fees for items such as biometrics, medical exams, or translations. These fees and other costs associated with the application process will vary depending on the individual circumstances.

9. What is the eligibility criteria for a T visa?

T visa holders must demonstrate that:
1. They or their qualifying relative are victims of a severe form of trafficking in persons, defined as:
a. Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or
b. The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
2. They are physically present in the United States on account of trafficking.
3. They would suffer extreme hardship involving unusual and severe harm if denied admission to the United States.
4. They are willing to cooperate with law enforcement officials in the investigation or prosecution of acts of trafficking in persons.

10. How long does it take to process a T visa application?

The processing time for a T visa application can vary depending on the complexity of the case and the workload of the US Citizenship and Immigration Services (USCIS). In general, it can take several months for the USCIS to process and approve a T visa application.

11. What is the VAWA self-petition and who is eligible to apply for it?

The Violence Against Women Act (VAWA) Self-Petition is an immigration benefit that allows victims of domestic violence, who are married to or are the child of a U.S. citizen or lawful permanent resident, to petition for permanent residence without the support of their abuser. To be eligible to apply, victims must meet the following criteria:

– have been married to a U.S. citizen or lawful permanent resident who committed or threatened to commit battery or extreme cruelty against them
– be the child of a U.S. citizen or lawful permanent resident who was subjected to battery or extreme cruelty by a U.S. citizen or lawful permanent resident parent
– have good moral character
– have lived with their abuser or parent abuser
– and have resided in the U.S. continuously for three years prior to filing their self-petition.

12. What documents do I need to submit with my VAWA self-petition application?

The documents you need to submit with your VAWA self-petition application depend on the specific situation of your case. Generally, you will need to prove that you are eligible for a VAWA self-petition, which includes documentation of your relationship with the abuser, evidence that you have been subject to abuse, and proof of your identity. Common documentation includes police reports, medical records, witness statements, photos, and other evidence of abuse. You will also need to provide proof of your identity with documents such as a birth certificate, passport, or driver’s license.

13. How long does it take to process a VAWA self-petition application?

The processing time for a VAWA self-petition application varies, depending on the individual circumstances. Generally, it can take up to six months for a VAWA self-petition to be processed and approved or denied.

14. Are there any other visa options available for crime victims besides the U, T and VAWA self-petitions?

Yes, there are other visa options available for crime victims. One option is the U Nonimmigrant Status (U-visa), which is available to victims of certain crimes such as domestic violence, sexual assault, and trafficking, who have suffered mental or physical abuse and are willing to assist law enforcement in the investigation or prosecution of the crime. Another option is the T-visa, which is available to victims of human trafficking who are in the United States, or at a place of port of entry, as a result of being trafficked. Finally, the Violence Against Women Act (VAWA) self-petitions are available to certain battered spouses and children and victims of extreme cruelty or battery.

15. What is an S visa and who is eligible to apply for it?

An S visa is a type of nonimmigrant visa that is reserved for individuals who have knowledge or information regarding a case or investigation and are entering the country to assist law enforcement. To be eligible for an S visa, the individual must provide useful information or testimony in a criminal investigation or prosecution. An individual must also be able to prove that they have a residence in a foreign country that they do not intend to abandon and must not have received any payment or reward for their cooperation with law enforcement.

16. How long does it take to process an S visa application?

The processing time for an S visa application can vary depending on the applicant’s individual circumstances. Generally, it takes between two and six months for the application to be processed.

17. What is the eligibility criteria for an S visa?

In order to be eligible for an S visa, an individual must be coming to the United States to provide essential and/or specialized services in a particular field. The individual may also be coming to provide assistance in a criminal investigation or prosecution. Additionally, the individual must have specialized knowledge or skill that is not available in the U.S. and must demonstrate that their presence in the U.S. would benefit the country.

18. How do I apply for asylum as a crime victim?

In order to apply for asylum as a crime victim, you will need to gather evidence to support your claim and then submit a Form I-589 Application for Asylum and Withholding of Removal. This form can be found on the U.S. Citizenship and Immigration Services (USCIS) website. Supporting evidence may include police reports, medical records, court documents, or witness statements to prove that you were a victim of a crime in your home country and that the crime was connected to a protected ground such as race, religion, nationality, political opinion or membership in a particular social group. You will also need to provide evidence that you would face persecution if you were to return to your home country.

19. What documentation do I need in order to apply for asylum as a crime victim?

In order to apply for asylum as a crime victim, you will need to provide proof that you have been the victim of a crime, such as police reports, medical records, photographs, and other evidence of the crime. You will also need to provide evidence that you fear persecution due to your identity and background, such as racial or religious discrimination. Additionally, you will need to provide evidence of any attempts you have made to seek protection from your home country, such as appeals to the police or government and any criminal proceedings.

20. How long does it take to process an asylum application?

The length of time it takes to process an asylum application varies significantly from case to case and is heavily dependent on the individual applicant’s circumstances and the country in which they are applying. Generally, the processing time for an asylum application can range from several months to several years.