Law Enforcement Visas

The “U” Visa for Victims of Criminal Activity

The U.S. government is authorized to provide 10,000 U visa per year to individuals who has suffered substantial physical or mental abuse as a result of being a victim of “qualifying criminal activity” that took place in the United States. Such individuals must possess valuable knowledge of the crime and be helpful and cooperative with law enforcement in their investigation and/or prosecution.

Qualifying criminal activity includes a range of specifically listed offenses as well as any similar activities, to catch a very broad range of criminal activity including: domestic violence, blackmail, kidnapping, rape, witness tampering prostitution, false imprisonment, murder, extortion, obstruction of justice, peonage, torture, and other similar offenses. Applicants for the U visa must demonstrate that they were the direct victim of such a crime (unless a spouse or child of a deceased murder victim), and that they suffered substantial abuse as a result. This abuse has a better chance of meeting the standard if it has been documented by medical, religious, law enforcement, or government personnel (i.e., social worker). Applicants must also show their assistance in the subsequent criminal investigation, done by obtaining a “Supplement B” from their relevant law enforcement contact.

Any foreign national can apply for U status, which does lead directly to permanent residence. An unlawful entry, visa overstay, or order of removal does not preclude one from applying and receiving U status if otherwise eligible. However, please note that foreign nationals who are otherwise inadmissible need to submit a Form I-192 waiver with their application; those with an outstanding order of removal will need to reopen and terminate their immigration court hearings after getting the U visa approved.

U status is good for 4 years and comes with work authorization. Qualifying family members and dependents may also receive U status and work authorization. After 3 years in U status, an individual is eligible to apply for permanent residence. As a result of these benefits and the 10,000-visa cap, U status has become associated with an ever-increasing backlog. 

The “T” Visa for Human Trafficking Victims

The U.S. has ratified the UN Convention Against Organized Crime and the protocols on human trafficking and smuggling. Enacting legislation provided for 5,000 T visas each year for trafficking victims. Foreign nationals who are in the United States by way of forced sex trafficking or involuntary servitude, peonage, debt bondage, or slavery can qualify for a T visa. To do so, they must with reasonable requests from law enforcement for assistance and show they would suffer extreme hardship involving unusual and severe harm upon removal. T status is valid for 4 years, though applications for a green card can be filed after 3 years. T status comes with work authorization, and spouses and dependents are eligible for derivative visas.

The “S” Visa for Special Witnesses

The S visa classification is for special witnesses in U.S. criminal investigations and prosecutions. The S-1 visa is for foreign nationals who receive a special designation by an interested federal or state law enforcement agency because they (1) possess critical and reliable information regarding a criminal organization, (2) has supplied, or is willing to supply, such information to the agency, and (3) is essential to the success of the criminal investigation or prosecution. The S-2 classification contains the same basic requirements but is designated by the Secretary of State and Commissioner of Immigration and Customs Enforcement for counterterrorism investigations.

A request for S status is made by the relevant law enforcement agency on the Form I-854 and filed with the U.S. Department of Justice, Criminal Division, Office of Enforcement Operations. The application must include evidence of the witness’ knowledge, testimony, and relationship to the outcome of the case. Knight Immigration can assist law enforcement agencies with preparing the evidence required for approval. If approved by the Assistant Attorney General within the Department of Justice, the application is forwarded to the ICE Commissioner for consideration. If granted, the foreign national will receive the S visa by grant of the Secretary of State via the U.S. consulate.

S visas provide a maximum stay of three years and the option of employment authorization. The spouse, children, and parents may accompany a principal S-1 or S-2 visa holder, though these individuals must be listed on the Form I-854 and will only be afforded periods of stay that mirror the principal visa holder. All S visa holders must acknowledge that their stay is limited to fulfill the purpose of providing witness testimony, not to remain in the United States permanently, and they must waive their right to contest removal (except withholding). During the course of their stay in the United States they are obligated to remain in close connection with the interested law enforcement agency that initiated the application. There is no option to change status from S status to another nonimmigrant classification.