Lawyers Manual - Unified Court System

Representing Immigrant Victims of Domestic Violence 327
Alternative Remedies for Victims of Physical, Psychological,
or Sexual Abuse: T Visas and U Visas
The VAWA provisions offer unprecedented protection and benefits for
qualifying relatives of current or former US citizens or permanent residents. The
remedies, however, do not apply to women who suffered abuse at the hands of a
non-spouse (except for VAWA cancellation if there is a child in common) or a
spouse without permanent legal status in the United States. Instead, they may be
eligible for relief under the Victims of Trafficking and Violence Protection Act
of 2000 (“VTVPA”), specifically the “T” and “U” visas. 76 These visas, while
classified as “nonimmigrant” visas, allow victims of sexual and other crimes to
obtain employment authorization and public assistance benefits, and apply for
permanent resident status after a three-year waiting period.
T Visa 77
The T visa is available to victims of a “severe form of trafficking in
persons.” Trafficking includes both forced labor and commercial sex. 78 It
protects victims lured to the United States on the false promise of decent work,
only to be subjected to slave labor conditions, rape, or torture. Nearly all
grounds of inadmissibility are waived if they were caused by, or were incident
to, the trafficking. 79 Although the T visa classified as a “nonimmigrant visa,” T
visa holders may apply for permanent resident status after three years. 80
To qualify for a T visa, an applicant must file an “Application for T
Nonimmigrant Status” 81 and demonstrate that:
She is or has been a victim of a “severe form of trafficking in
persons”;
She has either complied with a “reasonable request” for
assistance in an investigation or prosecution in connection
with the trafficking or she is under 18 years old;
She is physically present in the US on account of such
trafficking;
She would suffer “extreme hardship involving unusual and
severe harm” if removed from the United States. 82
Qualified family members may be included in the T visa application as
derivative beneficiaries. 83 If the application is granted, the victim may seek to
apply for permanent resident status after three years. She may also apply for