Applying for a visa T or visa U is a brave step toward safety and stability in the United States. These visas are designed to protect victims of human trafficking (visa T) and certain crimes (visa U) who have suffered abuse and are willing to assist law enforcement in investigations. While waiting for approval, many applicants worry about their rights and what they can and cannot do. The good news is that both visa categories come with important protections and benefits.
Understanding your rights as a visa T or U applicant can help you feel more secure during the process. You are not alone, and the law provides safeguards to ensure you can live and work with dignity while your case is being processed. Below, we outline the key rights and protections available to you.
Protection from deportation
One of the most significant rights you have as a visa T or visa U applicant is protection from deportation. Once you submit your application, you are generally considered to be in a period of deferred action, which means immigration authorities recognize your pending case and should not initiate removal proceedings against you.
This protection extends while your case is under review, but it’s important to carry proof of your pending application in case you are ever questioned by immigration officials. If you are facing deportation, having legal support from an immigration attorney can be crucial in ensuring your rights are respected.
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The right to apply for a work permit
Having the ability to work legally is essential for rebuilding your life. Visa U applicants can apply for a work permit (Employment Authorization Document) as soon as their application is approved. Visa T applicants, on the other hand, can often apply for a work permit while their case is still pending, depending on their circumstances.
Being able to work legally means you can earn a living without fear of exploitation. It also allows you to access labor protections, such as fair wages and safe working conditions. If an employer mistreats you or refuses to pay you fairly, you have the right to seek help without risking your immigration status.
Access to certain benefits and support services
Both visa T and visa U applicants may qualify for support services that can help them recover from trauma and rebuild their lives. These services may include:
- Medical assistance and mental health support
- Housing programs for victims of crime or trafficking
- Job training and educational resources
- Assistance with finding legal representation
For visa T applicants, there may also be access to federally funded benefits such as food assistance and financial aid programs. These resources are designed to help you move forward and regain stability in your life.
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The right to include family members
If you are the principal applicant for a visa T or visa U, you may be able to include certain family members in your application. This can provide protection and legal status to your loved ones, helping them avoid danger or hardship.
- Visa T applicants can include spouses, children, and in some cases, parents or unmarried siblings under 18.
- Visa U applicants can include spouses, children, parents, and unmarried siblings under 18, depending on their age and situation.
Bringing your family members into the process can ensure they receive protection and opportunities for a better future, just as you do.
Pathway to a green card and permanent residency
One of the most important benefits of visa T and visa U is the opportunity to apply for a green card after meeting certain requirements. This means that, in time, you can become a lawful permanent resident and eventually apply for U.S. citizenship if you choose to.
Generally, after three years of holding a visa U or visa T, and meeting all necessary conditions, you can apply for a green card. This provides long-term stability, allowing you to continue building your life in the U.S. without fear of losing your status.
You can also read: Does VAWA Need a Sponsor?
You have rights and protections
As a visa T or visa U applicant, you are not powerless. The U.S. immigration system recognizes your courage and provides protections to help you move forward. Whether it’s protection from deportation, the right to work, or access to resources, you deserve to live in safety and dignity.
If you have questions about your case or your rights, speaking with an immigration attorney can provide clarity and support. You are not alone in this journey—there are people and organizations ready to help you every step of the way.
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