The Victims of Trafficking and Violence Protection Act of 2000 created two new nonimmigrant visas for victims of crimes: the T visa and the U visa. Both visas are designed to provide immigration status to foreign nationals that are assisting or are willing to assist authorities investigating crimes.

T status is granted to victims of severe form of human trafficking who are assisting law enforcement with the investigation or prosecution of that crime. Severe trafficking is defined as the use of force, fraud or coercion for the trafficking of sex, involuntary servitude, or slavery. U status is granted for victims of substantial abuse as the result of specific crimes including rape, torture, trafficking, incest, domestic violence, sexual aggression, prostitution, kidnapping and extortion. These persons must be willing to help law enforcement with the investigation of the crime.

The abuser does not need to be a U.S. citizen or lawful permanent resident, and the victim does not have to have been married to the abuser to be eligible for a U visa. The victim is also not required to be physically present in the US to qualify for a U visa. The foreign national can apply from abroad at an embassy or consulate as long as the criminal activity occurred in U.S. soil.

To become a legal permanent resident, the T status victim must have lived three years continuously in the U.S. This includes time spent during the investigation of the crime. A certificate from law enforcement authorities indicating that the investigation or the prosecution is completed will also be needed. For the U status victim to become a legal permanent resident, s/he must have been present in the U.S. for three years from the date of admission. Family members – including siblings and parents – may also be eligible for residency.