U visas are for victims of certain qualifying crimes in the United States who help police or prosecutors; T visas are for victims of human trafficking. Both can lead to lawful status, work authorization, and eventually a green card, but they have different eligibility rules, different evidence requirements, and very different wait times. The U visa in particular has a long-known backlog because Congress caps it at 10,000 principal visas per year. This article explains how each works, what "certification" means, and what the realistic timeline looks like - with pointers to the official USCIS pages you should check for anything time-sensitive.
What is a U visa?
The U nonimmigrant visa is for victims of certain crimes - such as domestic violence, sexual assault, felonious assault, kidnapping, trafficking, or a range of other qualifying offenses - who suffered substantial physical or mental abuse and who have been, are being, or are likely to be helpful to law enforcement, prosecutors, judges, or other government officials in the detection, investigation, or prosecution of that crime.
Key features:
The petition is filed on Form I-918, Petition for U Nonimmigrant Status.
Applicants generally must submit Form I-918, Supplement B, a certification signed by a qualifying law enforcement agency, prosecutor's office, judge, or other authority confirming the victim's helpfulness. Without this certification, USCIS will typically deny the petition.
By statute, no more than 10,000 principal U visas may be approved in a fiscal year (family members do not count against this cap).
People who are undocumented can apply for a U visa; the process itself does not require lawful status to start.
What is a T visa?
The T nonimmigrant visa is for victims of a "severe form of trafficking in persons" - meaning sex trafficking involving force, fraud, or coercion (or a minor), or labor trafficking obtained through force, fraud, or coercion. It is filed on Form I-914, Application for T Nonimmigrant Status.
Key differences from the U visa:
A law enforcement certification (Form I-914, Supplement B) is optional evidence for a T visa, not a strict requirement the way it functionally is for most U visa cases. Applicants can instead submit other credible evidence, such as a personal statement, police reports, medical or social-service records, or a declaration from a victim-services organization.
Applicants generally must show they complied with any reasonable request from law enforcement for assistance in the investigation or prosecution - unless they qualify for an exception, such as being under 18, or being unable to cooperate due to physical or psychological trauma.
By statute, the T visa is capped at 5,000 principal visas per year - a much smaller program than the U visa, and one that has historically not hit its cap in most years, so waits function differently than the U visa's. (USCIS updated its T visa regulations and policy guidance in 2024; confirm the current rules on the USCIS T visa pages.)
The certification requirement, explained
"Certification" does not mean the agency is vouching for your immigration case generally - it is a narrow statement that you were, are, or are likely to be helpful in a specific investigation or prosecution. The certifying official (police department, prosecutor's office, judge, or certain other agencies such as child protective services or labor agencies for some qualifying crimes) signs the relevant supplement form and can update or withdraw it later if your cooperation changes.
Practical points:
Certification is discretionary. Law enforcement is not required to sign, and there is no formal immigration appeal if an agency declines - though some agencies have internal reconsideration procedures.
Certification can take time. Ask the agency about its process and any point of contact for victim/immigration certifications.
If one agency won't certify, another agency involved in the same case (for example, a different department that later took over the investigation) may sometimes be able to.
A victim advocate, DOJ-recognized accredited representative, or immigration attorney can often help identify the right agency and prepare a complete certification request.
The U visa backlog and the Bona Fide Determination process
Because the U visa is capped at 10,000 principal visas per year and demand has substantially exceeded that cap for years, USCIS maintains a waiting list for eligible petitioners whose cases are approvable but for whom no visa number is currently available. People placed on the waiting list are eligible for deferred action and can apply for work authorization while they wait.
USCIS also runs a separate Bona Fide Determination (BFD) process: after an initial review confirms a petition appears complete and credible ("bona fide"), USCIS may grant deferred action and a work permit years before the case reaches the front of the line for an actual visa number. A favorable BFD is not a final approval - USCIS can still issue a request for more evidence or ultimately deny the case.
Hedge on timing: Wait times for U visa certification, bona fide determination, waitlist placement, and final approval all change based on filing volume and USCIS resources, and they have been measured in multiple years at different points. Do not rely on any specific number of months or years you see anywhere, including here - check USCIS's current processing times tool and its U Visa and Bona Fide Determination Process pages at uscis.gov before making decisions (for example, about travel, jobs, or other filings) that depend on timing.
The path to a green card
Both visa categories can lead to lawful permanent residence (a green card) through Form I-485, Application to Register Permanent Residence or Adjust Status, once eligibility requirements are met. In general terms:
U visa holders can generally apply for a green card after continuous physical presence in U nonimmigrant status for a period set by law (commonly described as around 3 years, subject to exceptions), along with other requirements such as not unreasonably refusing to assist in the investigation or prosecution and meeting admissibility standards.
T visa holders can generally apply after continuous physical presence in T-1 status for the shorter of (a) about 3 years since admission, or (b) the period during which the relevant trafficking investigation or prosecution is complete, as determined by the Attorney General, plus good moral character during that period.
The exact requirements, required evidence, and any current exceptions are detailed in USCIS's Green Card for a Victim of a Crime (U Nonimmigrant) and Green Card for a Victim of Trafficking (T Nonimmigrant) pages - confirm the current rules there, since eligibility details can be adjusted through policy updates.
What to do - steps to take
Get safe first. If you are in immediate danger, contact local emergency services or the National Human Trafficking Hotline (1-888-373-7888) for trafficking situations.
Talk to a qualified immigration attorney or a DOJ-recognized victim-services/accredited representative before filing anything. These cases turn on detailed facts (the crime, your cooperation, your admissibility) that a professional needs to evaluate.
Identify the right certifying or corroborating agency for your case (police department, prosecutor, judge, or other qualifying agency) and request certification (U visa) or gather alternative evidence (T visa).
File the correct petition - Form I-918 (with Supplement B) for a U visa, or Form I-914 (with Supplement B if you have one) for a T visa - with complete supporting evidence. Check current fees, any fee waiver option, and filing addresses on the specific form pages at uscis.gov, since these details change.
Ask about a waiver (Form I-192 for inadmissibility) if any past immigration or criminal issue could otherwise make you inadmissible; confirm the current waiver form and process for your visa type on the USCIS form pages.
Track your case using your receipt number on the USCIS online case status tool, and watch for any request for evidence (RFE) deadline - missing an RFE deadline can result in denial.
Keep your address updated with USCIS (Form AR-11 or your online account) so you do not miss critical notices.
When eligible, apply for adjustment of status (Form I-485) toward a green card, with help from your attorney to confirm you meet the specific continuous-presence and good-moral-character requirements in effect at that time.
Deadlines and pitfalls to watch
There is no fixed "one-year deadline" to apply for a U or T visa the way there is for asylum, but delays can weaken your evidence of ongoing helpfulness or trauma, so it is generally best to act promptly once you have legal advice.
If you receive a Request for Evidence (RFE) or Notice of Intent to Deny (NOID), the response deadline printed on that notice is firm - missing it can result in denial or loss of interim benefits.
If you are already in removal proceedings, U and T visa applications interact with immigration court in specific ways; tell your attorney and the immigration court about any pending petition.
Withdrawing cooperation with law enforcement without good cause, or a certifying agency later revoking its certification, can jeopardize your case - discuss any change in your willingness or ability to cooperate with your attorney first.
Beware of notario and immigration fraud
Only an attorney licensed to practice law or a representative accredited by the Department of Justice may charge you for legal help with an immigration case. A "notario público" in the U.S. is not the same as a notary in many other countries and generally cannot represent you before USCIS or in immigration court. Be cautious of anyone who guarantees approval, asks for payment only in cash, tells you to lie or submit false documents, or asks you to sign blank forms. You can search for free or low-cost, DOJ-recognized legal service providers through the EOIR list of recognized organizations at justice.gov/eoir, and verify any attorney's license with your state bar.
This article is general information about U.S. immigration law, not legal advice, and does not create an attorney-client relationship. Immigration outcomes depend heavily on individual facts - consult a qualified immigration attorney or a DOJ-recognized accredited representative about your specific situation, and always confirm current forms, fees, and processing times directly with USCIS (uscis.gov) or EOIR (justice.gov/eoir) before filing.
Frequently asked questions
Do I have to help the police to get a U or T visa?
Generally yes. Both visas require that you have been, are being, or are likely to be helpful to law enforcement, prosecutors, judges, or certain other officials in investigating or prosecuting the crime or trafficking. There are limited exceptions, such as for child victims or victims who are too traumatized to participate, described in USCIS policy guidance - discuss your situation with an attorney.
What if the police refuse to sign the certification?
A law enforcement agency's decision to certify is discretionary, and there is no formal appeal of a refusal, though many agencies have their own internal review or reconsideration process. For U visas, the certification (Form I-918 Supplement B) is normally required. For T visas, a certification (Form I-914 Supplement B) is optional - you can submit other credible evidence of trafficking and cooperation instead. An immigration attorney or victim advocate can help identify alternative agencies or evidence.
How long is the U visa wait right now?
It varies and changes over time because only 10,000 principal U visas can be approved each fiscal year while far more people apply. USCIS currently uses a Bona Fide Determination process to grant work permits and deferred action to qualifying applicants years before a final U visa becomes available. Check USCIS's processing times page and its U Visa and Bona Fide Determination materials for the current situation rather than relying on any fixed number.
Can my family come with me?
Both visas allow certain qualifying family members - such as a spouse, children, and in some cases parents or siblings - to obtain derivative status, depending on the victim's age and the visa category. The specific family members who qualify differ between U and T visas, so check the current USCIS eligibility pages for your situation.
Is a U or T visa the same as asylum?
No. Asylum is based on fear of persecution in your home country on specific protected grounds. U and T visas are based on victimization in the United States (or, for some trafficking cases, related to bringing the victim to the U.S.) and cooperation with law enforcement. You may be eligible to apply for more than one form of relief; an attorney can help you evaluate all your options.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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