Humanitarian Protection (TPS, U/T Visas)

U Visa (Crime Victims)

FORMS: Form I-918

Overview

The U visa provides nonimmigrant status to victims of qualifying crimes who have suffered substantial physical or mental abuse and are helpful to law enforcement. After 3 years in U status, recipients may adjust to permanent residency. The annual cap is 10,000 U visas, creating significant backlogs (currently 5+ years).

Eligibility Requirements

Victim of qualifying crime (domestic violence, sexual assault, trafficking, kidnapping, certain violent crimes — full list in regulations); substantial physical or mental abuse; possess information about the crime; helpful, has been helpful, or likely will be helpful to law enforcement; crime occurred in U.S. or violated U.S. law; admissible (waivers available for many grounds).

Application Process

Step 1: Obtain Form I-918 Supplement B certification from law enforcement (police, prosecutor, judge, child protective services, or other certifying agency). Step 2: File Form I-918 with USCIS. Step 3: Wait for cap availability and adjudication. Step 4: After 3 years U status, file I-485 adjust to LPR.

Required Documentation

Required: I-918B law enforcement certification; personal declaration detailing crime and impact; medical/psychological evidence of substantial abuse; corroborating evidence; admissibility waivers if applicable; and family member I-918A petitions.

Government Filing Fees

No I-918 fee; biometrics fee; family derivative fees.

Processing Timeline

I-918 currently 5+ years to adjudication due to cap backlog; bona fide determination within 18 months can grant work authorization.

Why Choose Our Firm

We handle U visa cases for survivors of domestic violence, sexual assault, human trafficking, and other crimes. We coordinate with law enforcement for certifications, prepare comprehensive personal declarations with trauma sensitivity, and pursue waivers for inadmissibility issues.

T Visa (Trafficking Victims)

FORMS: Form I-914

Overview

The T visa protects victims of severe forms of human trafficking — both labor trafficking and sex trafficking. Recipients receive nonimmigrant status, work authorization, and may adjust to permanent residency after 3 years. The T visa is critical for trafficking survivors who often face complex legal situations and trauma.

Eligibility Requirements

Victim of severe form of trafficking in persons; physically present in U.S. on account of trafficking; complied with reasonable requests for assistance from law enforcement (or under 18 / suffered too much trauma to comply); would suffer extreme hardship if removed; admissible (waivers available).

Application Process

Form I-914 filed with USCIS with extensive supporting evidence. Trafficking victims often have complicated immigration histories — comprehensive admissibility analysis required.

Required Documentation

Personal declaration documenting trafficking; supporting evidence of trafficking and trauma; law enforcement cooperation evidence (or exception); admissibility analysis and waivers; and family derivatives.

Government Filing Fees

No I-914 filing fee; biometrics fee; waiver fees if applicable.

Processing Timeline

I-914 processing 18–36 months; adjustment after 3 years T status.

Why Choose Our Firm

We represent trafficking survivors with the trauma-informed approach these cases require, working with anti-trafficking NGOs and law enforcement to build comprehensive cases.

TPS (Temporary Protected Status)

FORMS: Form I-821, Form I-765

Overview

TPS is a temporary humanitarian status granted to nationals of countries designated by the U.S. Department of Homeland Security due to ongoing armed conflict, environmental disaster, or other extraordinary conditions. TPS provides protection from removal and work authorization, but does not lead directly to permanent residency.

Eligibility Requirements

National of TPS-designated country (or stateless person who last habitually resided there); continuously physically present in U.S. since the designation date; continuously residing in U.S. since required date; admissibility (waivers available for many grounds); not subject to bars (certain criminal convictions disqualify).

Application Process

File Form I-821 (TPS application) and Form I-765 (work authorization) within designated registration periods. Re-register during each TPS extension.

Required Documentation

Country of nationality documentation; continuous presence and residence evidence; identity documents; admissibility analysis; and timely registration.

Government Filing Fees

I-821 filing fee; I-765 filing fee; biometrics; waiver fees if applicable.

Processing Timeline

I-821 filing fee; I-765 filing fee; biometrics; waiver fees if applicable.

Why Choose Our Firm

I-821 filing fee; I-765 filing fee; biometrics; waiver fees if applicable.