T STATUS: To provide lawful status to victims of trafficking in persons and in assisting state or federal authorities in the investigation and prosecution of these crimes. These victims are allowed legal status because they were brought to the U.S. as victims of the international trafficking of human beings, and who are assisting with the prosecution of the perpetrators because they suffered physical or psychological trauma as a result. These victims’ parents or siblings under 18 years of age may be entitled to the same benefits because they face retaliation due to the victims’ escape from confinement by the person who committed the crime. Homeland Security may grant a stay of deportation to the victims and his/her parents to provide time for the T candidate to prove his/her case. Thereafter the DHS may grant permanent residence.
The Department of Homeland Security (DHS) may exempt a victim who is applying for permanent residence who has thereafter departed the U.S. for a trip of more than 90 days or for multiple trips even exceeding 180 days. The DHS may excuse these trips as not violating the continuous residence requirement for adjustment of status.
The victim under 18 who was the victim of trafficking may be excused when applying for permanent residence from disqualification on moral grounds if the actions of the victim were the result of human trafficking.
The applications of these T victims for permanent residence may be granted even if the victim fails to comply with a request to assist in the investigation and prosecution of the perpetrator if the victim because of frailty or trauma is incapable.
U STATUS: This status is for aliens who have been victims of severe crimes and have been helpful in helping and prosecuting these crimes.
The Immigration Service may grant employment authorization for the U applicant and immediate family and also excuse the filing fees for permission to work and also for the adjustment of status. The DHS may also grant a stay of a final Order of Removal pending a decision.
Immigration officers must verify that the victim has complied with the requirements that the victim has reasonably provided assistance in the investigation and prosecution of the criminal activities from which the victim has suffered.
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