The U visa and the T visa are two immigration protections for victims in Florida. The U visa is for victims of certain crimes, such as domestic violence or sexual assault, who suffered substantial physical or mental abuse and who help, or are likely to help, the authorities. The T visa is intended for victims of human trafficking. An attorney helps gather evidence, obtain certification from the authorities when needed, and file the complete application. If there is immediate danger, call 911.
- The U visa requires having been the victim of a qualifying crime and having suffered substantial abuse.
- The applicant must have information about the crime and help the authorities investigating it.
- The T visa protects victims of human trafficking.
- An attorney helps gather evidence and file the application completely.
Introduction
If you were the victim of a serious crime or of human trafficking in the United States, immigration law offers two specific protections: the U visa and the T visa. This guide is aimed at victims and their families in Florida, and it explains what requirements are demanded in general terms, how certification from the authorities is obtained when needed, and how the process works. If you would like to speak with us, call 1-844-YO-PELEO or contact us.
Immigration attorneys who handle these cases help gather the evidence, obtain certification from the authorities, and file the application completely. At Vasquez Law Firm we serve victims across Florida from our office in Orlando and by video call, in Spanish and English, with discretion and without rushing you.
This article is general information and does not constitute legal advice. The rules and forms can change, and each case has risks that an attorney must explain to you before filing. If you are in immediate danger, call 911.
What is the U visa and who can apply?
The U visa is a nonimmigrant visa created for victims of certain crimes who cooperate with the investigation or the criminal prosecution. In general terms, the person must meet these requirements:
- Have been the victim of criminal activity that the law considers qualifying, such as domestic violence, sexual assault, kidnapping, extortion, blackmail, felonious assault, or trafficking, among others.
- Have suffered substantial physical or mental abuse as a result of the crime.
- Have information about the crime.
- Have helped, be helping, or be likely to help the police, the prosecutor, a judge, or another authority investigating or prosecuting the crime.
- The crime must have occurred in the United States or violated U.S. laws.
The main application is Form I-918, and it almost always needs Supplement B, which is a certification signed by the agency that investigated or prosecuted the crime. Certain family members can be included as derivatives through Supplement A. If the person has grounds of inadmissibility, such as entries without inspection or certain criminal history, they can request a waiver with Form I-192. You can read more about immigration waivers on our page.
What is the T visa?
The T visa protects victims of severe forms of human trafficking, whether labor trafficking (forced labor, debt bondage) or sex trafficking. In general, the person must be in the United States because of the trafficking, comply with reasonable requests from the authorities in the investigation (with exceptions for minors under 18 and for those who cannot cooperate because of the trauma suffered), and show that they would suffer extreme hardship involving unusual and severe harm if removed. The application is filed with Form I-914.
Many trafficking victims do not recognize themselves as such. There are farmworkers, domestic workers, or restaurant workers whose passports were taken, who were charged impossible debts, or who were threatened with a call to immigration. That is why the first conversation is devoted to listening to the whole story before deciding which protection applies.
The T visa and the U visa are not the same, although they are sometimes confused. The T visa focuses on human trafficking and does not require certification from an agency as the U visa does, while the U visa covers a broader list of crimes and almost always needs Supplement B. An attorney can explain which one fits the facts of your case better, or whether it makes sense to prepare more than one.
When to talk with a U visa attorney
Many people seek help after someone tells them they "qualify" because they reported a crime. The reality is more complex. Consult an attorney if:
- The police or the prosecutor has not signed the certification, or you do not know which agency to ask.
- You have a criminal record, a prior removal order, or an open case in immigration court.
- The crime occurred years ago and you worry that it no longer counts.
- You want to include your spouse, children, or, if you are under 21, your parents or younger siblings.
- You have already filed the application and want to know about the work permit while you wait.
Immigration attorneys also evaluate whether other options exist, such as VAWA for victims of abuse by a citizen or resident spouse or parent, or asylum, because sometimes it makes sense to prepare more than one path.
How the process works, step by step
- Initial review. The attorney listens to what happened, reviews police reports and immigration documents, and evaluates the requirements.
- Certification. For the U visa, Supplement B is requested from the corresponding agency. For the T visa, cooperation with the authorities is documented in other ways and certification is not mandatory.
- Personal statement and evidence. A detailed statement is prepared and evidence of the harm suffered is gathered, such as medical or counseling reports.
- Filing with USCIS. The application is sent with the necessary supplements and waivers.
- Waiting and follow-up. The U visa has an annual cap on approvals, so many cases go through a waiting list or a preliminary review that may allow applying for a work permit. Timelines vary and change often.
- Permanent residence. Both the U visa and the T visa can later lead to permanent residence if the continuous presence requirements and the other requirements of the law are met.
The information you share in these applications has special confidentiality protections under federal law. Even so, each case has risks that an attorney must explain to you before filing.
Document checklist for your consultation
- Passport, entry documents, and any immigration document.
- Police reports, case number, names of detectives or prosecutors, and criminal court documents.
- Medical, therapy, or victim shelter reports.
- Birth and marriage certificates of the family members who could be included.
- Any criminal record of your own, even if old.
- Messages, photos, or other evidence of the crime or the threats, if you have them.
- Letters from witnesses, counselors, or people who know what happened.
If you cannot gather everything, do not worry. Part of the work is identifying what can be obtained safely and what can be explained. In particular, if you do not know how to request a police report or a certification, the attorney can guide you on whom to approach.
Timelines and what to expect from the process
Timelines in U visa and T visa cases vary widely and change often. The U visa has an annual cap on approvals, which can create a long wait, while the T visa has its own pace. USCIS publishes the current information on processing times on its official site, and we recommend checking it rather than relying on third-party figures.
What we can describe is the general order of the case and who acts at each stage. The table is a guide and not a promise of timelines.
| Stage | What happens | Who acts |
|---|
| Consultation and review of facts | What happened is heard and it is evaluated whether the U visa, the T visa, or another protection applies | You and the attorney |
| Agency certification (U visa) | The police, the prosecutor, or another authority signs Supplement B if appropriate | The agency that investigated the crime |
| Preparing the application | The statement is drafted and the evidence is gathered | You and the attorney |
| Filing with USCIS | The I-918 or the I-914 is sent with the supplements and, if needed, the I-192 | The attorney and USCIS |
| Waiting, review, and possible work permit | USCIS reviews the case and, depending on the stage, a work permit may be evaluated | USCIS |
| Decision and residence | If approved, permanent residence can be requested later | You, the attorney, and USCIS |
How to respond to a request for evidence or a denial
In these cases it is common for USCIS to ask for additional information, for example about the harm suffered, about cooperation with the authorities, or about a record that appears in the file. A request for evidence is not a denial: it points to a matter the agency wants to clarify. The letter sets a deadline, and it is very important to respond on time and with documents that address exactly what is requested.
If the application is denied, sometimes a motion or an appeal can be filed within a short deadline, or a new application can be filed with stronger evidence. The decision depends on the reason for the denial and on your current situation, and it is best made with an attorney. In all cases, keep the complete letter, avoid traveling without consulting, and keep your contact address with USCIS up to date.
Derivative family members and protection while the case is pending
One of the advantages of these applications is that certain family members can be included. In the U visa, the victim's spouse and unmarried children under 21 can be included as derivatives, and if the victim is under 21, the law also contemplates their parents and their unmarried siblings under 18. In the T visa, certain family members can also be included, depending on the victim's age and the circumstances. Each derivative needs their own documents and must meet the requirements set by law, for example with respect to certain records.
While the case is pending, people often ask very practical questions: whether they can work, whether they can travel, and what happens if they receive a letter from the government. In some cases, once USCIS has taken a certain favorable step, a work permit application may be evaluated, but the rules change and must be confirmed with the attorney. As for travel, leaving the United States with a pending application can carry serious risks, which is why it is recommended to talk with an attorney before buying any ticket.
Finally, if the person has an open case in immigration court, it is important to inform the attorney and coordinate both proceedings. Sometimes the judge can be asked to postpone or administratively close the case while USCIS decides the application, but that depends on the circumstances and on the judge's decision, and no one can ensure it.
How to choose among U visa and T visa attorneys
On the internet you will see ads that use flashy titles. In Florida, the Bar's rules limit how an attorney may advertise, so ask directly what practical work the person does with victim cases and who will prepare your application. Some people prefer a female attorney because they feel more comfortable telling their story to a woman; it is valid to ask any firm for that. Also confirm that you will speak with a licensed attorney and not with a notario. A responsible attorney will explain your options without promising a result.
If your case does not fit the U visa or the T visa, an attorney can review other temporary categories. See our page on work and nonimmigrant visas to learn about other options.
Cost factors and fee breakdown
The cost of a U visa or T visa case depends on the forms that are needed and the complexity of the case.
| Item | Amount | Notes |
|---|
| Attorney fees | Varies by case | Depend on the complexity, the waivers needed, and the agreed scope |
| U visa (I-918) or T visa (I-914) application | Check USCIS for the current fee | Review the current instructions to see whether any fee exception applies |
| Waiver application (I-192) | Check USCIS for the current fee | Needed only if there are grounds of inadmissibility |
| Work permit and residence | Check USCIS for the current fee | Processed at later stages, when applicable |
| Translations, copies, and reports | Varies by case | Depend on the documents that need to be obtained |
Always ask for a written contract explaining what the service includes and what is left out. Government fees are paid to the agency and are separate from the attorney's fees.
If cost concerns you, say so at the first consultation. An attorney can explain which steps are essential and in what order it makes sense to take them, and USCIS's current instructions indicate what fee options exist.
Common mistakes to avoid
- Thinking that reporting a crime already ensures the U visa; there are additional requirements and a certification to obtain.
- Waiting too long because the crime occurred years ago, without consulting whether options still exist.
- Hiding a criminal record or a prior entry, which may later appear in the file.
- Paying an unlicensed notario or agent who promises the visa in exchange for money.
- Not recognizing that you are a trafficking victim when there was document retention, impossible debts, or threats.
- Traveling abroad with a pending application without first talking with an attorney.
- Ignoring a USCIS letter or a court date.
When to call an attorney
Talk with an immigration attorney if you were the victim of a serious crime or of trafficking, if you do not know whom to ask for certification from the authorities, if you have a case in immigration court or a record that worries you, or if you want to include your family. The sooner a professional reviews your situation, the more options there usually are. Call 1-844-YO-PELEO or write to us from our contact page.
About Vasquez Law Firm
Vasquez Law Firm practices only immigration law. Our only office is at 1111 E Amelia Street, in Orlando, and we serve people in Miami, Tampa, Jacksonville, Fort Myers, and the rest of Florida by phone and secure video call, with in-person meetings in Orlando. The founder is attorney William J. Vásquez. Consultations are offered in Spanish and English and are handled with discretion. Call 1-844-YO-PELEO or schedule a consultation.
Sources and references
Related services: immigration waivers, immigration attorneys in Florida
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This article is general information, not legal advice. Every case is different; talk with an immigration attorney about your situation.
