What Are T Visas And U Visas?

There are several differences between T visas and U visas. All applicants must provide documentation and evidence of their eligibility to U.S. Citizenship and Immigration Services (USCIS) for both visas. Because these visas often serve to protect victims of human trafficking, eligible applicants may find it in their best interests to consult with a nonimmigrant visa law firm. Law Offices of Patrick C. McGuinness, LLC in Plainfield, NJ, can evaluate your case’s circumstances and consult you on how you can make a stronger case for yourself. An immigration relief lawyer won’t stop at conveniently managing your paperwork. Our team will go above and beyond to get the results you deserve.

T Visas

To be eligible for a T visa, an individual must be in the U.S. due to human trafficking. More specifically, to qualify for a T visa, an individual must have traveled to the U.S. because they were coerced, forced, or abducted by a perpetrator of human trafficking.

For T visa applicants, it is not necessary to demonstrate whether the individual knew they were traveling under false pretenses or not. Suppose an individual was convinced to come to the U.S. under a dishonest front and later discovered they were being exploited for cheap or unpaid labor. In that case, they are considered victims of human trafficking.

Applicants for T visas must cooperate with the law enforcement officials investigating and prosecuting the crime at hand. Certain T visa applicants will be exempt from cooperation with law enforcement. An applicant may only be exempt from cooperation if they are a minor under 18 years of age or unable to cooperate due to physical or psychological trauma. T visa applicants should acquire a written statement from a law enforcement officer as primary evidence that they are victims of a human trafficking crime. Additionally, any evidence of physical or mental abuse will significantly boost the strength of your case. Our firm’s expert on T nonimmigrant status is available to support you with the highest quality evidence and documentation.

U Visas

To be eligible for a U visa, applicants must establish that they suffered “substantial physical or mental abuse” due to a qualifying criminal offense. On the other hand, T visa applicants are not necessarily required to supply documentation of substantial physical or mental abuse.

T visa applicants will also be expected to have information about the criminal activity and to be willing to share it. The applicant must be helpful in the investigation or prosecution of the crime. The crime must have also occurred within the United States and may have violated local, state, or federal law.

T visa applicants must also demonstrate that leaving the United States will create substantial suffering or harm. Examples of qualifying reasons include medical or psychological needs for which the home country lacks adequate services to provide for. There are many other possible qualifying reasons. However, to build the most robust possible case, it’s best to employ the aid of an expert U nonimmigrant visas lawyer. Thankfully, you can reach us at Law Offices of Patrick C. McGuiness, LLC.