Sexual aSSault LEGAL ADVOCACY MANUAL - Texas Association ...

After three years with the U visa, a survivor can apply for an “adjustment” up to Lawful Permanent
Residency and get a “green card.” To be eligible for an adjustment, the survivor must satisfy the same
requirements listed above and also show that she or he has been physically present in the United States
for the past three years. For that reason, survivors considering a U visa should understand that consistent
travel in and out of the United States could harm their chances for lawful permanent residency.
In addition, the residency application has other discretionary requirements that a survivor will want to
go over with an immigration attorney before filing and application.
• Eligibility to Apply for a T Visa
1. The survivor must be a victim of “severe” trafficking, involving:
o Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in
which the person induced to perform such act is younger than 18; OR
o Using force, fraud, or coercion for the purpose of subjecting the survivor to involuntary
servitude, peonage, debt bondage, or slavery; AND
2. The survivor would encounter extreme hardship involving unusual and extreme harm if
removed from the United States.
As with the U visa, after three years with a T visa a survivor can apply to “adjust” her or his status to that of
a Legal Permanent Resident and receive a green card. As with the U Visa or any other type of immigration
case, it is very important that the survivor seek assistance from an immigration attorney.
It is easy to see how complicated it can be for a survivor to obtain a special visa. In addition to the above
requirements, if the survivor has committed some crime in the past that makes her or him inadmissible to
the United States (e.g., entering the country illegally or making a false claim to citizenship), she or he will
need to persuade officials to make an exception by asking for a “waiver of inadmissibility.”
Despite their complexity, these laws can be extremely beneficial. For many people, a U or T visa
represents an opportunity for legal residency that may never have been possible before. Therefore, legal
advocates can be of great assistance to noncitizen survivors simply by making them aware of U and T
visas and advising them to seek further assistance from others who can help with the filing process.
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