The U visa is a nonimmigrant status granted to individuals in the U.S. who are victims of specified crimes; suffer physical or emotional harm because of the crime; and who have been, are being, or are likely to be helpful in the investigation or prosecution of the crime. Under the new federal law, U nonimmigrants will be eligible to adjust their status if they

• were lawfully admitted into the United States as a U nonimmigrant;
• hold U status at the time of the application;
• were physically present in the United States for at least three years;
• are not “inadmissible;”
• have not unreasonably refused to assist in the investigation or prosecution of the crime;
• must remain in the United States is for humanitarian reasons, family unity or to further the public interest.

Family members of U visa holders may also apply for permanent residence if certain conditions are met. While the application is pending, U visa holders may apply for “advance parole” documents to allow them to travel outside the U.S. However, the National Network to End Violence Against Immigrant Women advises in their factsheet not to leave the country until further regulations are produced to avoid being denied re-entry to the United States. Finally, there will be no limit on the number of U visa holders who can apply to adjust status.

The T visa, on the other hand, is a nonimmigrant category for victims of severe forms of trafficking in the United States. Changes in the federal law will allow holders of T visas to adjust their status. To adjust, T visa holders must

• have T nonimmigrant status;
• have three years of physical presence in the United States or less if the prosecution or investigation is complete;
• be admissible at the time of adjudication of the permanent residence application;
• demonstrate good moral character during their continuous presence in the United States; and
• provide assistance as requested or demonstrate that they would suffer extreme hardship.

Only 5,000 principal T visa holders may adjust status each year. The cap does not apply to family members, who may also apply for permanent residence. While the application is pending, T nonimmigrants may apply for advance parole to travel outside the U.S. but should consult an immigration attorney to determine any consequences of leaving the U.S., according to the National Network to End Violence Against Immigrant Women.

Experts believe that USCIS will release further regulations on T visa adjustments because a federal law, William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA), on trafficking was recently passed, which will affect trafficking victims. For more information on that law, please see this article.

Compiled from: Adjustment of Status to Lawful Permanent Resident for Aliens in T or U Nonimmigrant Status, 73 Fed. Reg. 75540-75564 (December 12, 2008) (to be codified at 8 C.F.R. 245.23 and 245.24); Summary of U Adjustment Regulations, National Network to End Violence Against Immigrant Women, last accessed 5 January 2009 [PDF, 8 pages]; Fact Sheet for Adjustment of Status For Trafficking Victims Who Were Awarded T-Visas, National Network to End Violence Against Immigrant Women, last accessed 5 January 2009 [PDF, 7 pages].