U Visa & T Visa: Key Steps, Certifications, and Timelines

U visas and T visas provide protection and a path to lawful status for victims of crime and trafficking. Understanding the unique requirements of each is essential.

U Visa Requirements

• Victim of qualifying criminal activity
• Suffered substantial physical or mental abuse
• Have information about the crime
• Helpful to law enforcement (certification required)
• Admissible or eligible for waiver

T Visa Requirements

• Victim of severe form of trafficking
• Present in US due to trafficking
• Comply with reasonable requests for assistance
• Would suffer extreme hardship if removed

The Certification Bottleneck (Form I-918B)

The biggest hurdle in a U Visa case is obtaining the Law Enforcement Certification (Supplement B). This form must be signed by the police, prosecutor, or judge handling the crime. They have discretion—they are not required to sign it, even if you were helpful.

Some jurisdictions have "pro-victim" policies and sign quickly. Others have strict policies or refuse to sign after a certain time has passed. Securing this signature is the very first step; without it, you cannot apply regardless of how severe the crime was.

The Backlog and "Bona Fide Determination"

There is a statutory cap of 10,000 U Visas per year. The backlog is currently 150,000+ cases, meaning a wait time of 10-15 years for the actual visa.

To mitigate this humanitarian disaster, USCIS implemented the "Bona Fide Determination" (BFD) process. If your case is reviewed and deemed "bona fide" (appears approvable and background checks clear), USCIS will issue you a 4-year work permit (EAD) and "Deferred Action" status while you wait for the full U Visa. This effectively allows victims to live and work legally during the decade-long wait.

T Visa: A Faster Alternative?

Unlike the U Visa, the T Visa (for victims of Human Trafficking) does NOT have a massive backlog. Decisions often come in 1-2 years. Crucially, T Visas do not strictly require a Law Enforcement Certification (though it helps). If you were a victim of labor trafficking (forced to work, threatened with deportation if you quit, debt bondage), you might qualify for a T Visa even if you didn't think of yourself as a "trafficking victim."

Waivers of Inadmissibility (I-192)

One of the U Visa's superpowers is the I-192 waiver. It is extremely generous. It can waive:

• Illegal Entry (EWI)
• Prior Deportations
• Criminal Convictions (even most felonies)
• Fraud/Misrepresentation

You must prove that it is in the "public or national interest" to let you stay. This usually involves showing your rehabilitation, your help to law enforcement, and hardship to your US family.

U Visa Cap & Waitlist

Because of the 10,000 annual cap, getting the actual U Visa status takes 10+ years. However, inclusion on the "Waitlist" (Deferred Action) happens sooner (roughly 4-5 years). Once on the waitlist, you are protected from deportation and can renew your work permit. It is a long game, but one of the few paths to a green card for those with severe immigration violations.

Does a DUI disqualify me?

The U Visa has the most generous waiver in immigration law (Form I-192). It can waive almost any ground of inadmissibility, including many crimes and prior immigration violations, if it's in the "public or national interest." A DUI is a negative factor but can be overcome with strong positive equities.

Can family members be included?

Yes. The principal applicant can include spouses and children (unmarried, under 21). If the principal is under 21, they can also include parents and unmarried siblings under 18.

Disclaimer: This article is for general information only and is not legal advice. Every case is fact-specific. For legal advice, consult a licensed attorney.