Donate to NLS

The advocates at NLS provide services at no cost to our clients. Your help in advocating for the rights of low income children, families, seniors, and unemployed workers will profoundly and positively affect their lives and benefit the communities we serve.

NLS is a non-profit organization and your gift is tax deductible. To make a donation, please contact Roberta O'Hara at (702) 386-0404.

Immigration Assistance

Nevada Legal Services provides assistance to individuals applying for admission to the US under the provisions of the Violence Against Women Act (VAWA) and the U or T visa. Generally, these immigration categories assist victims of domestic violence, violent crime, or human trafficking become legal residents of the US. See below for more information on these topics related to immigration.

VAWA Self Petition
U Visa
T Visa

NOTE: The information contained on this page is for general background information only. If you have a legal question, it is best to consult with an attorney.

VAWA Self Petitions

What is a VAWA self petition?
Who is eligible to file a VAWA self petition?
What are the requirements to qualify for approval of a VAWA self petition?
Can I still file a VAWA self petition if I am divorced?
What if my abusive spouse died?
If I file a VAWA self petition, will the US government contact my abusive (ex-) spouse to inform him / her that I am petitioning?
What kind of proof do immigration officials look for in proving that I qualify for VAWA as a self petitioning spouse?
Which governmental agency is responsible for reviewing my VAWA self petition?
How long will it take to process my VAWA self petition?
Is there a process for expediting VAWA self petitions?
Can the approval of my VAWA self petition be revoked?
Can I appeal a denial of a VAWA self petition?
If I am currently in removal (deportation) proceedings and have been a victim of domestic abuse, do I qualify for any type of relief under VAWA?

What is a VAWA self petition?

The Violence Against Women Act (VAWA) is a federal law that was passed by Congress in part to provide for protections to battered immigrant spouses. VAWA allows for battered immigrant spouses to self petition independently for their immigration status without relying on an abusive citizen or legal permanent resident spouse.

VAWA also allows for a parent of a child who has been battered or subjected to extreme cruelty by his or her U.S. citizen or lawful permanent resident spouse. A child who has been abused by his or her U.S. citizen or lawful permanent resident parent mat also self petition under VAWA.

Who is eligible to file a VAWA self petition?

Spouses—Battered spouses and ex-spouses of U.S. citizen or lawful permanent residents;

Parent—Parent of child who has been abused by his / her U.S. citizen or lawful permanent resident spouse;

Child—Battered children (under 21 years of age and unmarried) who has been abused by U.S. citizen or lawful permanent resident parent.

What are the requirements to qualify for approval of a VAWA self petition?

Individuals submitting a VAWA self petition must prove that the petitioner’s abuser was / is a United States citizen or legal permanent resident. There are other specific requirements depending on whether you are a spouse or child of the abuser.

For a self petitioning spouse:

  1. That the petitioner was / is married to the U.S. Citizen abuser or legal permanent resident;
  2. The marriage that forms the basis of the self petition is / was a bona fide “good faith marriage,” meaning that the petitioner did not enter into the marriage solely to gain lawful immigration status in the U.S.;
  3. That the abusive U.S. citizen / legal permanent resident spouse battered or subjected the petitioner to extreme cruelty during the marriage;
  4. That the petitioner lived with the abusive spouse at some point during the marriage;
  5. Petitioner lives in the United States or if living abroad, the petitioner was subjected to abuse by the U.S. citizen / legal permanent resident abusive spouse in the U.S.; and
  6. Petitioner is of good moral character.

For a self petitioning child:

Evidence needed to show the parent / child relationship:
  1. That the abusive U.S. citizen / legal permanent resident parent was battered or subjected the petitioner to extreme cruelty;
  2. Residence with the abusive parent at some point;
  3. Currently resides in U.S. or if living abroad, the petitioner was subjected to abuse by the U.S. citizen / legal permanent resident abusive spouse in the U.S.; and
  4. Petitioner is of good moral character.

-Back to top-

Can I still file a VAWA self petition if I am divorced?

VAWA allows divorced battered ex-spouses to self petition within two years of the divorce from the abusive spouse. However, the self petitioning spouse must also prove that the divorce was the result of the abuse.

What if my abusive spouse died?

If the deceased abusive spouse was a U.S. citizen, the victim may still self petition as long as the self petition is filed within two years of the spouse’s death. However, if the deceased abusive spouse was a legal permanent resident, the victim is precluded from filing a self petition after the date of death.

If I file a VAWA self petition, will the U.S. government contact my abusive (ex-) spouse to inform him / her that I am petitioning?

Under VAWA, immigration officials are prohibited from initiating contact with the abusers and from relying on information given by the abusers to apprehend or attempt to remove immigrant victims of domestic abuse. VAWA provides that all information submitted by a self petitioner is to be kept confidential.

What kind of proof do immigration officials look for in proving that I qualify for VAWA as a self petitioning spouse?

According to the Code of Federal Regulations, self petitioners are encouraged to submit primary evidence whenever possible. The United States Citizenship and Immigration Services (USCIS), however, should consider “any credible evidence” relevant to the petition. A VAWA self petition, however, is more likely to be approved if the self petitioner can submit primary evidence including but not limited to the following:

  1. Abuser is/was a USC or LPR:

    • Photocopy of abuser’s birth certificate attesting to birth in any U.S. state/territory
    • Photocopy of abuser’s Naturalization Certificate
    • Photocopy of abuser’s US Passport
    • Photocopy of abuser’s Alien Registration Card demonstrating LPR status

  2. Self petitioner is/ was legally married to LPR or USC abuser:

    • Marriage certificate

  3. Marriage that forms basis of self petition was a “good faith” / bona fide marriage:

    • Evidence of jointly owned assets
    • Documentation of commingling finances
    • Birth certificates of mutual children
    • Evidence of joint insurance policies
    • Divorce decree
    • Testimony/other evidence regarding courtship/wedding ceremony/shared residence
    • Other such documentation

  4. LPR/USC abused the self petitioner during their marriage:

    • Reports/affidavits from police, judges, other court officials
    • Reports/affidavits from medical personnel, school officials, clergy, social workers, other service agency personnel

  5. Self petitioner lived with abuser at same residence at some point during relationship:

    • Utility bills
    • Lease agreement
    • Mortgage / deed
    • Employment records
    • Birth certificates of children
    • Insurance policies
    • Affidavits of friends and family

  6. Self petitioner lives in the US OR, if living abroad, was subjected to abuse by LPR or USC spouse in the US:

    • Current lease agreement
    • Affidavits from friends/family/social services agency
    • Items from #5

  7. Self petitioner is of good moral character (need from each locality or State in the US the petitioner has resided in for 6 or more months during 3 year period immediately preceding filing of petition):

    • Police clearances
    • State issued criminal background check

If you do not possess all of the above mentioned examples of documentation, you should not preclude yourself from considering the possibility of filing a VAWA Self Petition. You may also consider consulting with an immigration attorney.

-Back to top-

Which governmental agency is responsible for reviewing my VAWA self petition?

VAWA self petitioners must complete a “Petition for Amerasian, Widow(er) or Special Immigrant on USCIS Form I-360 that is supported by documentation of the VAWA requirements. The petition and documentation is submitted to the USCIS Vermont Service Center’s “VAWA Unit,” which reviews the petition and documentation.

If the petition is apparently approvable, USCIS will issue a “Notice of Prima Facie Eligibility” while adjudication of the self petition is pending. If the USCIS approves the self petition, the self petitioner will be issued a “Notice of Deferred Action.” The Notice of Deferred Action means that immigration authorities will likely not try to deport or remove the self petitioner from the United States. The Notice of Deferred Action also entitles the self petitioner to apply for an Employment Authorization Document.

If the Vermont Service Center needs more evidence from you to establish a VAWA claim, they will send you a “Request for Evidence” (RFE). According to the USCIS, if an applicant receives an RFE requesting information that was already submitted with the original filing, s/he should resubmit the requested documents along with the RFE. This is because there is always the possibility the requested document may have been lost or misfiled. The applicant may also indicate in the response that the requested document has already been submitted.

In cases where the VSC approves a VAWA self petition, the self petitioner is also eligible to apply for lawful permanent residency. Approved self petitioners who obtained approval on the basis of a qualifying relationship to an abusive U.S. Citizen are eligible to apply for permanent residency immediately upon the self petition approval. This is because self petitioners who are approved on the basis of a qualifying relationship to an abusive U.S. citizen are considered “immediate relatives.” Immediate relatives are not subject to the annual quotas for family based immigration.

Self petitioners who were approved on the basis of a qualifying relationship to an abusive lawful permanent resident, however, are considered to be “second preference category immigrants.” These self petitioners must, therefore, wait until a visa is available in their preference category under the family based quota system.

How long will it take to process my VAWA self petition?

VAWA self petitions are processed through the Vermont Service Center. The USCIS provides a website that shows the processing time for particular forms. Choose “Vermont Service Center” in the Service Center drop box. Then click “Service Center Processing Dates.”

Currently, the USCIS indicates that the Vermont Service Center is processing VAWA self petitions (I-360) within 5 months.

Is there a process for expediting VAWA self petitions?

According to the USCIS, customers and their representatives may request for the Vermont Service Center to expedite their application on the basis of compelling humanitarian issues. However, the USCIS warns that any request for expeditious processing on humanitarian grounds must involved “extraordinary circumstances.” The USCIS states that “the VAWA unit will entertain and answer every request it receives based on a full review of the unique facts presented.”

According to the USCIS, once a decision is made on whether to expedite processing, the attorney of record will be notified of the decision. When a case is approved for expeditious processing, an expedite cover sheet is placed on the A-file, clearly designating the case as an expedite, and the case is immediately assigned to an adjudicator. The adjudicator takes action on the case within one to two days, and the action may be a decision, RFE, or hold. If the case requires an RFE, the applicant has up to 87 days to respond to the RFE. Cases requiring RFE processing are tracked as expedites throughout the RFE process, and when a response is received, VSC endeavors to complete the decision as quickly as possible.

Can the approval of my VAWA self petition be revoked?

In certain cases, after a self petition is approved, the USCIS has the authority to revoke the petition based on reliable new evidence. USCIS issued a policy memo in December 2010 that provides guidance to field officer regarding the issue of revoking an approved VAWA self petition:

Field Request for Review of an Approved VAWA petition: If a field officer obtains new information that was not available to the VSC at the time the self petition was approved that leads the officer to believe that the approval should be revoked, the officer must write a memorandum to his/her Supervisory Immigration Service Officer (SISO). The memorandum must explain: (1) why the petition should be reviewed for possible revocation; (2) the new information calling for possible revocation; and (3) how the USCIS obtained the information.
Supervisory Review and Return to VSC: If the SISO agrees with the field officer’s assessment, the SISO must sign the memorandum and forward the memo and the file in question to the VSC VAWA Unit. The materials are the reviewed by a VSC VAWA unit supervisor and make a recommendation either to initiate revocation proceedings or to reaffirm the self petition. If the VSC supervisor decides to reaffirm the self petition, s/he must write and memorandum explaining why the self petition was not revoked. The memorandum must then be returned to the field with the file.
Use of Information / Evidence: In making a determination as to revoke a VAWA self petition, immigration officials are prohibited from using information provided solely by an abusive spouse, parent or household member of the abusive spouse or parent who consented to the abuse.

Can I appeal a denial of a VAWA self petition?

If your VAWA self petition is denied, the denial letter will inform you as to how to appeal. You will likely have to file a Notice of Appeal and a fee with the VSC within 33 days of receiving the denial. After processing of the fee and the form, the appeal will be referred to the USCIS Administrative Appeals Office (AAO). You may also file a motion to reopen or motion to reconsider if you received unfavorable decision in your case.

If I am currently in removal (deportation) proceedings and have been a victim of domestic abuse, do I qualify for any type of relief under VAWA?

Yes, if you are currently in removal (deportation) proceedings, you may qualify for cancellation of removal under VAWA. This option is available to applicants who are in, or who can be placed into, removal proceedings. You should consult an immigration attorney if you are in removal proceedings before seeking VAWA cancellation.

-Back to top-

U Visas

What is a U visa?
What benefits do U visa recipients receive?
Are there a maximum number of U visas that are issued each year?
What are the criteria to be eligible for a U visa?
Do family members qualify for a U visa?
Do undocumented parents of U.S. citizen child victims qualify for a U visa based on crimes suffered by the children?
What is considered to be "qualifying criminal activity"?
Do I need certification by a governmental agency?
What qualifies as a certifying agency?
What if a U visa applicant is unable to obtain a certification from a governmental agency?
What does it mean to be "helpful" in the investigation or prosecution of a crime?
How long can a U visa recipient remain in the United States? Can she or he remain in the U.S. permanently?
Which governmental agency is responsible for reviewing my U visa application?
What is the processing time for my U visa application?
Are U visa applications processed in any particular order after they arrive in the VSC mailroom?
Is there a process for expediting U visa applications?
Will I be interviewed about my application?
Can I eventually apply for a status as a legal permanent resident (green card)?
What else should I know?

What is a U visa?

In 2000, Congress created the U nonimmigrant visa in passing the Victims of Trafficking and Violence Protection Act. The purpose of the act was to encourage undocumented immigrants to report crimes to law enforcement and to provide protection to those undocumented immigrants with respect to their immigration status.

What benefits do U visa recipients receive?

The U visa allows for qualifying undocumented immigrants to gain lawful status in the United States for up to four years. The U visa also grants recipients the right to work and provides a work authorization card (EAD). Protection against removal is also granted, and, after 3 years, the U visa recipient may have the ability to apply for a green card. Finally, some U visa recipients may have the ability to travel although travel is generally restricted.

Are there a maximum number of U visas that are issued each year?

USCIS may grant no more than 10,000 U visas in any given fiscal year (October 1, 2011-September 30, 2012).

What are the criteria to be eligible for a U visa?

To be eligible for a U visa, an individual must meet the following criteria:

  1. The individual must have suffered substantial physical or mental abuse as a result of having been a victim of a qualifying criminal activity;
  2. The individual has information about the criminal activity;
  3. The individual has been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of the crime; and
  4. The criminal activity violated local, state, or federal law, or occurred in the U.S.
  5. The U visa petition includes the necessary certification by a governmental agency that has authority to certify U-visas; and
  6. The individual merits a waiver if she or he is considered to be inadmissible.

Do family members of direct victims also qualify for a U visa?

Yes, some family members of the principal applicant (direct victim) may qualify as derivatives. If the principal applicant is under 21, qualifying derivatives include the principal’s spouse, children, unmarried siblings under 18 (on filing date of principal’s petition), and parents. If the principal applicant is over 21, qualifying derivatives include the principal’s spouse and children.

Do undocumented parents of U.S. citizen child victims qualify for a U visa based on their crime suffered by the children?

Yes, where the victim is an alien child under 16, the parent, legal guardian, or other family member, may apply for principal U visa status as an indirect victim.

What is considered to be "qualifying criminal activity"?

The following are non-exhaustive examples of qualifying criminal activity that have been recognized as such for purposes of U visa eligibility:

Rape, sexual assault, abusive sexual conduct, trafficking, unlawful criminal restraint, false imprisonment, blackmail, involuntary servitude, witness tampering, obstruction of justice, felonious assault, extortion, torture, incest, domestic violence, kidnapping.

-Back to top-     -Back to U Visa-

What is the necessary certification by a governmental agency?

As stated above, in order to be eligible for a U visa, the applicant must submit a certification from a qualifying governmental agency. The certification is titled, “Supplement B” to Form I-918. The certification must verify that the applicant:

Who qualifies as a certifying agency?

The certification must be completed by a certifying governmental agency and must be signed by a certifying official. Some examples of a certifying agency include:

Examples of certifying officials include:

What if a U visa applicant is unable to obtain a certification from a governmental agency?

Without a certification from a governmental agency, the noncitizen applicant will be ineligible for a U visa.

What does it mean to be “helpful” in the investigation or prosecution of a crime?

USCIS interprets “helpful” to mean assisting law enforcement in the investigation and/or prosecution of the criminal activity of which the applicant is a victim. The Immigration and Nationality Act provides that a noncitizen applicant is eligible when she or he (1) is being helpful, (2) was helpful, or (3) may be helpful in the future. Thus, according to the language of the statute, noncitizen applicants may be eligible for a U visa at the very early stages of an investigation by a law enforcement agency if the agency believes that the applicant may be helpful at some point in the future.

It is within the discretion of the governmental agency as to whether or not it will consider a noncitizen applicant “helpful.” Additionally, a certifying governmental agency has the authority to revoke its certification in the instance that the noncitizen applicant unreasonably refuses to provide assistance. Thus, in the case where the governmental agency provides a certification early in the investigation process, the noncitizen applicant is still responsible for providing assistance to law enforcement.

How long can a U visa recipient remain in the United States? Can she or he remain in the U.S. permanently?

U visa status may be approved for a period of up to four years unless there is a need for an extension that is necessary in order to allow the noncitizen applicant to remain in the U.S. to assist in the investigation or prosecution of the crime. A U visa recipient may be eligible for legal permanent resident status if the USCIS determines that the individual has not unreasonably refused to provide assistance in the criminal investigation or prosecution and his or her continued presence in the country is justified on humanitarian grounds, to ensure family unity, or is otherwise in the best interest of the public.

-Back to top-     -Back to U Visa-

Which governmental agency is responsible for reviewing my U visa application?

U visa applicants must complete Form I-918 along with supporting documentation. The entire U visa application consists of:

The application and documentation is submitted to the USCIS Vermont Service Center’s “VAWA Unit,” which reviews the petition and documentation.

What is the processing time for my U visa application?

U visa applications are processed through the Vermont Service Center (VSC). The USCIS provides a website that shows the processing time for particular forms. Choose “Vermont Service Center” in the Service Center drop box. Then click “Service Center Processing Dates.” Currently, the USCIS indicates that the Vermont Service Center is processing U visa petitions (I-918) that were filed as of March 21, 2011.

Are U visa applications processed in any particular order after they arrive in the VSC mailroom?

Cases are adjudicated in chronological order as they become “adjudication ready.” More specifically, USCIS provides that VSC focuses first on adjudicating cases with an I-192 waiver request on file. A I-192 is a form that allows inadmissible nonimmigrant aliens to apply for advance permission to temporarily enter the United States. Grounds for inadmissibility include health, criminal, national security and unlawful presence related grounds among others. USCIS will also prioritize applicants who have been sent and have responded to Requests for Supplemental Information.

Is there a process for expediting U visa applications?

According to the USCIS, customers and their representatives may request for the VSC to expedite their application on the basis of compelling humanitarian issues. However, the USCIS warns that any request for expeditious processing on humanitarian grounds must involved “extraordinary circumstances.” The USCIS states that “the VAWA unit will entertain and answer every request it receives based on a full review of the unique facts presented.” USCIS provides that VSC has expedited U visa applications involving petitioners detained at government expense.

According to the USCIS, once a decision is made on whether to expedite processing, the attorney of record will be notified of the decision. When a case is approved for expeditious processing, an expedite cover sheet is placed on the A-file, clearly designating the case as an expedite, and the case is immediately assigned to an adjudicator. The adjudicator takes action on the case within one to two days, and the action may be a decision, Request for Evidence (RFE), or hold. If the case requires an RFE, the applicant has up to 87 days to respond to the RFE. Cases requiring RFE processing are tracked as expedites throughout the RFE process, and when a response is received, VSC endeavors to complete the decision as quickly as possible.

Will I be interviewed about my application?

No, you will not be personally interviewed on your U visa application. For this reason it is very important to submit strong statements and as much evidence as possible with your case. The person who makes the decision on your case will never meet you in person.

Can I eventually apply for a status as a legal permanent resident (green card)?

Yes, U nonimmigrant visa holders may be eligible to apply for a permanent residence after 3 years in U nonimmigrant status by submitting form I-485, application to register permanent residence or adjust status. To qualify for permanent residence, an applicant must:

  1. have been lawfully admitted to the United States as a U nonimmigrant and must continue to hold such status at the time of application;
  2. be physically present in the United States for a continuous period of at least three years in U nonimmigrant status;
  3. have not unreasonably refused to assist in the investigation or prosecution of the qualifying crime.

What else should I know?

Do not leave the U.S. Do not commit any crimes. Continue to participate in your community, be a good community member, participate in your surrounding community, volunteer, learn English! Notify your attorney or representative if there are any changes, or if you have any questions.

-Back to top-     -Back to U Visa-

T Visas

What is a T visa?
What is human trafficking?
What are the benefits to obtaining a T visa?
What are the criteria to be eligible for a T visa?
What is the application process to obtain a T visa?
Can a T visa applicant’s family members also obtain T nonimmigrant status?
Are there a maximum number of T visas that are issued each year?
Can I eventually apply for a status as a legal permanent resident (green card)?

What is a T visa?

The T visa, like the U visa was created when Congress passed the Victims of Trafficking and Violence Protection Act in 2000. The T visa was created to allow law enforcement agencies to investigate and prosecute cases of human trafficking while also providing protection to the victims of severe forms of human trafficking. The T visa allows victims to remain in the United States to assist federal authorities in the investigation and prosecution of human trafficking cases.

What is human trafficking?

Human trafficking, also known as trafficking in persons, is a form of modern day slavery in which traffickers lure individuals with false promises of employment and a better life. Traffickers often take advantage of poor, unemployed individuals who lack access to social safety nets. To consider a situation “trafficking” depends on the type of work and the use of force, fraud, or coercion to obtain or maintain work. Under federal law, the term “severe forms of trafficking” can be broken into two categories:

Sex Trafficking: recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act where the commercial sex act is induced by force, fraud, or coercion, or the person being induced to perform such act is under 18 years of age.

Labor Trafficking: recruitment, harboring, transportation, provision, or obtaining of a person for labor or services through the use of force, fraud, or coercion for the purpose of involuntary servitude, peonage, debt, bondage, or slavery.

What are the benefits of obtaining a T visa?

The benefits of a T visa are similar to those of the U visa including that the T visa allows for qualifying undocumented immigrants to gain lawful status in the United States for up to three years and a work authorization card (EAD). T visa recipients also enjoy protection against removal, and, after 3 years in T visa status, the possibility to apply for a green card. A limited number of individuals also may have the ability to travel, which is generally restricted.

What are the criteria to be eligible for a T visa?

To qualify for a T nonimmigrant visa, an individual must meet the following criteria:

  1. she or he is or has been a victim of severe trafficking in persons;
  2. she or he is physically present in the United States, American Samoa, or the Commonwealth of the Northern Mariana Islands, or at a port of entry on account of trafficking;
  3. she or he must comply with any reasonable request from a law enforcement agency for assistance in the investigation or prosecution of human trafficking;
    • However, if the individual was under the age of 18 at the time of the victimization, or if s/he is unable to cooperate with a law enforcement request due to physical or psychological trauma, she or he may qualify for the T nonimmigrant visa without having to assist in the investigation or prosecution.
  4. she or he must demonstrate that she or he would suffer extreme hardship involving severe and unusual harm if she or he were removed from the United States; and
  5. she or he must also be admissible to the U.S. or obtain a waiver of admissibility.

-Back to top-     -Back to T Visa-

What is the application process to obtain a T visa?

Victims of severe forms of trafficking must submit a Form I-914, application for T nonimmigrant status. Form I-914 requests information regarding the applicant’s eligibility for T nonimmigrant status as well as admissibility to the United States. Applicants must also include a statement in their own words about their victimization. Applicants may also submit a law enforcement agency endorsement using Form I-914, supplement B, declaration of law enforcement officer for victim of trafficking in persons. The applicant also has the option to submit secondary evidence of compliance with reasonable requests for assistance (e.g. trial transcripts, court documents, police reports, news articles and affidavits).

Like VAWA petitions and U visa applications, T visa applications are process through processed through the Vermont Service Center (VSC). The USCIS provides a website that shows the processing time for particular forms. Choose “Vermont Service Center” in the Service Center drop box. Then click “Service Center Processing Dates.” Currently, the USCIS indicates that the processing time for T visa applications is 4 months.

Can a T visa applicant’s family members also obtain T nonimmigrant status?

Yes, if the principal applicant is under 21 years of age, they may apply on behalf of a spouse, children, parents and unmarried siblings under age 18 as derivatives. If the principal is 21 years of age or older, they may apply on behalf of a spouse and children as derivatives. To apply for family members, the principal applicant must submit a Form I-914 Supplement A, Application for Immediate Family Member of T-1 Recipient.

Are there a limited number of T nonimmigrant visas given each year?

Yes, Congress has limited the number of T nonimmigrant visas granted each year to 5,000. This does not apply for family derivative visas. Once the cap is reached, applicants will be placed on a waiting list. This waiting list allows those applicants who cannot be granted a visa due to the numerical limitation to obtain priority in the following year.

Can I eventually apply for a status as a legal permanent resident (green card)?

Yes, T nonimmigrant visa holders may be eligible to apply for a permanent residence after 3 years in T nonimmigrant status by submitting form I-485, application to register permanent residence or adjust status. To qualify for permanent residence, an applicant must:

-Back to top-     -Back to T Visa-     -Back to U Visa-