Immigration
Visas (U, T, Asylum)
Humanitarian visas for crime victims, trafficking survivors, and individuals seeking asylum.
Humanitarian forms of immigration relief exist for people the system explicitly recognizes deserve protection: victims of qualifying crimes who cooperate with law enforcement (U visa), victims of severe forms of trafficking (T visa), and individuals who fear persecution in their countries of origin (asylum). Each has its own requirements, application, and timeline - and each can be a path to lawful permanent residence and eventually citizenship.
The U visa requires that the applicant be a victim of a qualifying crime, have suffered substantial physical or mental abuse, possess information about the crime, and be helpful (or have been or be likely to be helpful) to law enforcement. A law enforcement certification (Form I-918, Supplement B) is required. The case file requires careful coordination with the certifying agency.
The T visa requires being a victim of a severe form of human trafficking, being present in the U.S. on account of the trafficking, complying with reasonable requests for assistance to law enforcement (with exceptions), and demonstrating extreme hardship if removed. T visa work often involves complex evidentiary records and trauma-informed interviewing.
Asylum requires past persecution or a well-founded fear of future persecution on account of race, religion, nationality, political opinion, or membership in a particular social group. Affirmative asylum applications (filed with USCIS) and defensive applications (in removal proceedings) follow different procedural tracks. South Texas sees both, and the case prep is intensive.
Common scenarios
Situations we see often
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U visa for a domestic violence survivor who reported to police
The applicant was the victim of family violence, cooperated with the responding officer or detective, and meets the substantial-harm and helpfulness requirements.
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U visa for a crime victim where the case never resulted in conviction
A conviction is not required; cooperation with the investigation is. We coordinate with the certifying agency to obtain the I-918B.
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T visa for a trafficking survivor
A survivor of forced labor or sex trafficking who fits the statutory definition. T visa work coordinates with criminal investigators where appropriate.
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Asylum claim based on political opinion or persecution in country of origin
A noncitizen with a credible fear of return develops the asylum case with country conditions evidence, expert affidavits, and detailed declarations.
What to do
If this happens to you
Save everything: police reports, medical records, photos, text messages, social media records, any evidence that documents the crime, the trafficking, or the persecution. The case is often built on the applicant's declaration plus corroborating evidence, and credibility is central.
For asylum cases, file the I-589 within one year of last entry to the U.S. when possible. The one-year deadline can be excused for changed circumstances or extraordinary circumstances, but missing it without an excuse can bar the claim.
How we help
How our firm can help
For U visas, we coordinate with the certifying agency to obtain the I-918B, prepare the I-918 and supporting personal statement, and pursue work authorization during the long waiting period (current backlog routinely exceeds 5 years for principal applicants).
For T visas and asylum, we develop the personal narrative, gather country-conditions evidence and expert support, and prepare for the affirmative interview or the merits hearing. For derivative family members, we coordinate parallel filings so the family is protected together.
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10,000
annual statutory cap on principal U visas
INA 214(p); 8 U.S.C. 1184(p)
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1 year
filing deadline for affirmative asylum from last entry, with limited exceptions
INA 208(a)(2)(B); 8 U.S.C. 1158(a)(2)(B)
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~46%
asylum grant rate in immigration court in FY2022
TRAC Immigration
Common questions
Questions about Visas (U, T, Asylum)
How long does a U visa take?
The U visa cap (10,000 principal visas per year) plus high demand means the wait routinely exceeds 5 years for principal applicants. USCIS may grant deferred action and work authorization to applicants on the waiting list.
Do I have to testify against the perpetrator for a U visa?
No specific testimony is required. The standard is being helpful (or being likely to be helpful) to the investigation or prosecution. The certifying agency confirms this.
What is the difference between asylum and withholding of removal?
Asylum is discretionary and offers a path to a green card and citizenship. Withholding of removal has a higher burden of proof but is mandatory if proven, and does not lead to a green card but does prevent removal to the country of feared persecution.
Can my family come too?
Each program has derivative provisions for certain family members. U visa derivatives: spouse, children, and in some cases parents and unmarried siblings. T visa: spouse, children, parents, unmarried siblings. Asylum: spouse and unmarried children under 21 included or with follow-to-join applications.
Related topics
More under Immigration
Direct consultation
Ready to talk about your case?
Call the firm or schedule a consultation. We speak Spanish and English. Initial consultations are confidential.