U-Visas, T-Visas, and VAWA: Protections for Crime Victims and Survivors in 2026
The U.S. immigration system includes critical protections for immigrants who are victims of crime, human trafficking, and domestic violence. These protections — the U-visa, the T-visa, and the Violence Against Women Act (VAWA) self-petition — provide pathways to lawful immigration status that are independent of any other family member’s cooperation. In 2026, as enforcement operations intensify across Texas and nationwide, these protections are more important than ever — and yet many eligible immigrants do not know they exist.
This guide explains the three primary humanitarian protections available to immigrant crime victims, who qualifies for each, and how to begin the application process.
The U-Visa: For Victims of Qualifying Crimes
Congress created the U-visa in 2000 to encourage undocumented crime victims to report crimes and cooperate with law enforcement without fear of deportation. The U-visa provides temporary legal status, work authorization, and eventually a path to a green card for victims of certain serious crimes who have been helpful to law enforcement.
Who Qualifies?
To be eligible for a U-visa, you must have been a victim of a qualifying crime that occurred in the United States or violated U.S. law, have suffered substantial physical or mental abuse as a result of the crime, have information about the criminal activity, have been helpful, are being helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime, and the crime must have violated U.S. federal, state, or local law.
Qualifying crimes include domestic violence, sexual assault, rape, trafficking, kidnapping, abduction, false imprisonment, blackmail, extortion, manslaughter, murder, felonious assault, witness tampering, obstruction of justice, perjury, fraud in foreign labor contracting, involuntary servitude, slave trade, stalking, and torture, among others. Attempts and conspiracies to commit these crimes also qualify.
The Law Enforcement Certification (Form I-918B)
A critical component of the U-visa application is the law enforcement certification. A certifying agency — which can be a police department, sheriff’s office, prosecutor’s office, judge, or other qualifying agency — must sign Form I-918 Supplement B certifying that the applicant was a victim of a qualifying crime and has been, is being, or is likely to be helpful in the investigation or prosecution.
Obtaining the certification can be challenging. Some law enforcement agencies are unfamiliar with the U-visa process or reluctant to sign certifications. An experienced immigration attorney can help identify the appropriate certifying agency and facilitate the certification process.
U-Visa Benefits
Approved U-visa holders receive nonimmigrant status for four years, work authorization (Employment Authorization Document), protection from removal, and after three years of continuous U-visa status, eligibility to apply for a green card (permanent residence). Certain qualifying family members can be included as derivative beneficiaries.
Current Processing Reality
The annual U-visa cap is 10,000 per fiscal year, and demand far exceeds supply. USCIS maintains a waitlist, and current wait times from filing to approval can exceed 5 to 7 years. However, applicants who file and receive a bona fide determination receive work authorization while waiting — a critical benefit that allows victims to support themselves during the lengthy processing period.
The T-Visa: For Victims of Human Trafficking
The T-visa was created by the Trafficking Victims Protection Act of 2000 to protect victims of severe forms of human trafficking. Unlike other visa categories, the T-visa recognizes that trafficking victims are often controlled, coerced, or deceived by their traffickers and may be unable to leave the trafficking situation without government intervention.
Who Qualifies?
To be eligible for a T-visa, you must be or have been a victim of a severe form of trafficking in persons, be physically present in the United States on account of trafficking, comply with reasonable requests from law enforcement to assist in the investigation or prosecution of trafficking (with exceptions for certain victims), and demonstrate that you would suffer extreme hardship involving unusual and severe harm if removed from the United States.
Severe forms of trafficking include sex trafficking (where commercial sex acts are induced by force, fraud, or coercion, or where the victim is under 18), and labor trafficking (where services are obtained through force, fraud, or coercion for involuntary servitude, peonage, debt bondage, or slavery).
T-Visa Benefits
T-visa holders receive nonimmigrant status for up to four years, work authorization, eligibility for certain federal and state benefits, and after three years of continuous T-visa status (or upon completion of the trafficking investigation), eligibility to apply for a green card. The annual T-visa cap is 5,000, and unlike the U-visa, the cap has never been reached.
VAWA Self-Petition: For Domestic Violence Survivors
The Violence Against Women Act allows certain immigrants who have been abused by U.S. citizen or permanent resident spouses or parents to self-petition for immigration benefits independently — without their abuser’s knowledge or cooperation.
Who Qualifies?
You may be eligible for a VAWA self-petition if you are the spouse (including former spouse if divorced within the past two years) of a U.S. citizen or permanent resident who subjected you or your child to battery or extreme cruelty, or the child (unmarried, under 21, or any age if the abuse occurred before turning 21) of a U.S. citizen or permanent resident who subjected you to battery or extreme cruelty, or the parent of a U.S. citizen child who is at least 21 years old (if the parent was abused by the U.S. citizen child).
In all cases, the marriage or parent-child relationship must have been entered into in good faith, the self-petitioner must be a person of good moral character, and the self-petitioner must have resided with the abuser at some point.
What Counts as “Battery or Extreme Cruelty”?
VAWA’s definition extends beyond physical violence. Extreme cruelty includes psychological and emotional abuse, controlling behavior, isolation, economic abuse, threats of deportation, and any pattern of behavior that constitutes abuse. The abuser’s use of immigration status as a tool of control — threatening to call ICE, refusing to file immigration papers, withdrawing petitions — is itself a form of abuse that supports a VAWA self-petition.
VAWA Benefits
Approved VAWA self-petitioners can apply for adjustment of status to permanent residence, receive Employment Authorization Documents, and eventually apply for naturalization. VAWA cases are processed with strict confidentiality — USCIS will not contact or notify the abuser at any stage of the process. VAWA self-petitioners are also exempt from the public charge ground of inadmissibility.
Key Differences Between U-Visa, T-Visa, and VAWA
U-visa: For victims of qualifying crimes. Requires law enforcement certification. Annual cap of 10,000 (long waitlist). Three years to green card eligibility.
T-visa: For victims of severe human trafficking. Requires compliance with law enforcement. Annual cap of 5,000 (never reached). Three years to green card eligibility.
VAWA: For domestic violence survivors whose abuser is a U.S. citizen or permanent resident. No law enforcement certification required. No annual cap. Immediate path to adjustment of status upon approval.
Evidence Standards
All three protections use the “any credible evidence” standard — meaning USCIS must consider all relevant evidence, even evidence that would not normally be admissible in court proceedings. This includes personal declarations, letters from social workers or counselors, medical records, police reports, protective orders, photographs, text messages, and sworn affidavits from friends, family members, or community members who are aware of the abuse or crime.
You do not need a police report to file. You do not need a conviction of the perpetrator. You do not need physical evidence of every incident. A detailed, credible personal declaration combined with corroborating evidence from other sources can be sufficient to support a successful application.
Frequently Asked Questions
Can men apply for VAWA protections?
Yes. Despite its name, VAWA protections are available to all abuse survivors regardless of gender.
Will my abuser find out I filed?
No. VAWA, U-visa, and T-visa cases all include confidentiality protections. USCIS will not contact the abuser or disclose the filing to third parties.
Can I apply if I am undocumented?
Yes. All three protections are available regardless of current immigration status. You do not need a visa, green card, or any lawful status to apply.
Can I include my children in my application?
Yes. All three visa categories allow certain qualifying family members to be included as derivative beneficiaries.
What if I am afraid to report the crime?
You do not need to file a police report to begin a VAWA self-petition. For U-visas, the law enforcement certification is required, but your immigration attorney can help facilitate this process in a way that prioritizes your safety. If you are in immediate danger, call 911 or the National Domestic Violence Hotline at 1-800-799-7233.
You Deserve Protection — Let Us Help
Attorney Alfredo Lozano is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization. The Lozano Law Firm handles U-visa, T-visa, and VAWA cases with the sensitivity, confidentiality, and legal expertise these cases demand. With offices in San Antonio, Eagle Pass, and San Angelo, we serve survivors across Texas.
If you or someone you know has been a victim of a crime, trafficking, or domestic violence and may qualify for immigration protection, schedule a confidential consultation today. Your safety and your future are our priority.
