Immigration Options 

for Victims of Crimes

Information for Law Enforcement, 

Healthcare Providers, and Others

Violence Against Women Act

U Nonimmigrant Status

T Nonimmigrant Status

M-779 (02/10)

Victims are not required to be in legal immigration 

status, but they must:

•	 Be a victim of a severe form of trafficking in persons,

•	 Be physically present in the United States on account

of the trafficking,

•	 Comply with any reasonable requests for assistance

in the investigation or prosecution (or be under the

age of 18), and

•	 Suffer extreme hardship involving unusual and

severe harm if removed from the United States.

To apply for a T nonimmigrant status, applicants must

file Form I-914,Application for T Nonimmigrant

Status. Qualifying family members may also be eligible

to apply for benefits.

Many immigrants

are fearful of

admitting that

they have been a

victim of a crime

in part because

they believe they

will be removed

(deported) from

the United States

if they report the

crime. Officials

such as police officers, healthcare

providers, judges,

and prosecutors

are often the first

to see the signs of violence and are therefore in a unique

position to provide information and assistance to those

who have been victims.This brochure is designed to

assist front-line workers

in this endeavor.

U.S. law provides several

protections for legal and

undocumented immigrants who have been

victims of a crime. Often

victims are unaware of

such protections, thus

frontline workers serve as

a critical link for immigrant victims.There are specific protections for victims

of domestic violence, victims of certain crimes, and

victims of human trafficking.

All agencies within the Department of Homeland

Security (DHS), including USCIS, are legally prohibited

from disclosing that a victim has applied forVAWA,T, or

U immigration benefits.

Visit the “Humanitarian” section of 

the USCIS website

www.uscis.gov

Law Enforcement Officials and 

Representatives of Record 

contact USCIS at 1 802 527 4888

All others should call 1 800 375 5283
Violence Against Women Act

(VAWA) Self-Petitioners

Some immigrants may be afraid to report acts of

domestic violence to the police or to seek other forms

of assistance. Such fear causes many immigrants to

remain in abusive relationships.

Victims of domestic violence who are the child, parent,

or current/former spouse of a United States citizen

or a permanent resident (green card holder) and are

abused by the citizen or permanent resident may be

eligible to apply for a green card themselves without

needing the abuser to file for immigration benefits

on their behalf.This provision of the law was created

under theViolence Against Women Act (VAWA).

Victims must establish that they:

•	 Have or had a qualifying relationship with the

abuser spouse, or, are the parent or child of the

abuser,

•	 Reside or resided with the abuser,

•	 Have good moral character, and

•	 Have been victims of battery or extreme cruelty.

VAWA provisions apply equally to men and women.

Victims of domestic violence, whether a spouse, child,

or parent of the abuser, may self-petition by filing Form

I-360, Petition for Widow(er)s,Amerasians, and Special

Immigrants.This form is available on USCIS’ website,

www.uscis.gov.

U Nonimmigrant Status

U nonimmigrant status (or U visa) offers immigration

protection for victims and is also a tool for law enforcement.To obtain U status, the victim must obtain a certification from law enforcement, however, law enforcement officials should note that providing a certification

does not grant a benefit—only USCIS has the authority

to grant or deny this benefit.

Victims are not required to be in legal immigration 

status, but they must:

•	 Be a victim of qualifying criminal activity and have

suffered substantial physical or mental abuse as a

result of the crime,

•	 Possess credible and reliable information about the

qualifying criminal activity,

•	 Be, have been, or are likely to be helpful to the investigation and/or prosecution of that qualifying criminal

activity, and

•	 Be a victim of criminal activity that violated a U.S. law.

Victims of the following crimes may be eligible for a 

U nonimmigrant visa:

Abduction 

Abusive Sexual Contact 

Blackmail

DomesticViolence

Extortion

False Imprisonment

Female Genital Mutilation

Perjury

Felonious Assault 

Hostage Taken 

Incest

Peonage 

Involuntary Servitude 

Kidnapping

Manslaughter 

Rape 

Murder 

Obstruction of Justice 

Witness Tampering 

Prostitution

Sexual Assault 

Slave Trade 

Torture 

Trafficking

Sexual Exploitation 

Unlawful Criminal Restraint

Other Related Crimes

To apply for U nonimmigrant status, the victim must

file Form I-918, Petition for U Nonimmigrant Status.

Law enforcement official must certify Form I-918,

Supplement B. Qualifying family members may also be

eligible to apply for benefits.

T Nonimmigrant Status

Trafficking in persons—also known as “human

trafficking”—is a form of modern-day slavery.

Traffickers prey on many types of people, often including individuals who are poor, unemployed, underemployed, or who lack the safety and protection of strong

social networks.Victims are often lured under the false

pretenses of good jobs and better lives, and then forced

to work under brutal and inhumane conditions. Many

believe that human trafficking is a problem that only

occurs in other countries—but human trafficking also

happens in the United States.

The T nonimmigrant status (or T visa) provides immigration protection to victims of severe forms of

trafficking in persons who assist law enforcement in

the investigation and prosecution of human trafficking

cases.

Visit the “Humanitarian” section of 

the USCIS website

www.uscis.gov

Law Enforcement Officials and Representatives of Record 

contact USCIS at 1 802 527 4888

All others should call 1 800 375 5283