Stephanie Schiavoni is currently a junior at Bowdoin College, majoring in Government and Legal Studies with a concentration in American Politics. She is a track athlete at Bowdoin and an aspiring lawyer with a passion for human rights issues. Being that her mother is an immigrant, Stephanie is interested in educating the public on the intersection between cultures and oppression. Some of her favorite hobbies include cooking, running, trying new coffee shops, and binge-watching Food Network.
Congress created T and U visas to provide victims of human trafficking and other qualifying crimes with residency in the United States and to incentivize cooperation with law enforcement. T and U visas grant immigrant victims of certain crimes a method of gaining a green card in exchange for their help in investigating the crimes. While similar in nature, T and U visas have different requirements and qualifications. In order to be eligible for either, a victim must provide various types of evidence to show the U.S Citizenship and Immigration Services (USCIS).
T Visa:
T visas provide citizenship to individuals who have suffered from a severe form of trafficking of persons. The T visa application process provides a potential path to permanent residency while incentivizing cooperation with law enforcement.
T visa applicants must have been trafficked into the United States. Therefore, it must be clear that the victim is only in the country because he or she was subject to human trafficking. The victim does not, however, need to show the authorities that he or she was aware of the possibility of being trafficked upon arrival to the United States.
During the T visa process, the crime is examined with three categories in mind: process, ways and means, and goal. In order for adult victims to be qualified for a T visa, they must prove that the crime included at least one of the elements within these three categories defined by the 2000 United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons.
U Visa:
A U visa requires the victims to cooperate to a greater extent with law enforcement. U visas are issued with a goal to “strengthen the ability of law enforcement agencies to investigate and prosecute cases… while also protecting victims of crimes who have suffered substantial mental or physical abuse due to the crime and are willing to help law enforcement authorities.” Unlike T visas, applications for U visas require a certification from law enforcement (USCIS Form 1-918, Supplement B, U Nonimmigrant Status Certification) that documents the crime and certifies that law enforcement may investigate the criminal activity.
In order to qualify for a U visa, the individual must have suffered from physical or mental abuse as a result of various qualifying crimes, including but not limited to rape, torture, domestic violence, and/or being held hostage. The individual might also qualify if he or she has information about the crime or is deemed useful in the investigation, prosecution, and sentencing of the person who committed the crime. Relatives of the victim can also, in some cases, be granted U visas.
With both T and U visas, applicants cannot refuse a “reasonable request to cooperate with law enforcement officials,” unless they are minors or unable to cooperate because of physical or psychological trauma. With a U visa, the victim must prove that the crime resulted in “substantial physical or mental abuse.” On the other hand, with a T visa, an applicant does not need proof of physical or mental abuse. However, these applicants must prove that removing the victim from the US would cause “extreme hardship involving unusual and severe harm.”
T and U visas provide a safe way for victims of human trafficking and other qualifying crimes to gain residency into the United States. Unfortunately, Congress has put a cap on the amount of T and U visas available to crime victims, leaving only 10,000 U visas and 5,000 T visas available each year. Should no visas be available, the victims are put on a waiting list and given temporary immigration status until a number becomes available.
Meet the Artist: Cindy Cuellar is a Mexican-American woman who is a strong advocate for intersectionality. She recently received a B.S. in journalism and a focus in photography. She has worked with the number one college newspaper in California, the Spartan Daily, for almost two years at San Jose State. Cindy started off as a staff writer and progressed her way to be a graphics editor. She loved each semester spent in the newsroom and has grown not only as a journalist but also as an illustrator.
