Victims of Crime and Human Trafficking may qualify for a Green Card to live in the US permanently.
| You may be eligible to apply as a… | If you… |
| Human Trafficking Victim | Currently have a T nonimmigrant visa |
| Crime Victim | Currently have a U nonimmigrant visa |
Green Card for Victims of a Crime
You must hold U nonimmigrant status and complete certain eligibility standards to apply for a Green Card as a crime victim. The U-1 nonimmigrant visa is for victims of certain crimes who have been subjected to severe physical or mental abuse and are willing to assist in the investigation or prosecution of the crime.
U-2 (spouse), U-3 (child), U-4 (parent), or U-5 (sibling) nonimmigrant status may be granted to qualifying family members of U-1 nonimmigrants.
Green Card for U-Visa Eligibility
You must satisfy the following conditions to be eligible for a Green Card based on U-1 nonimmigrant status:
- File the Form I-485.
- You currently hold a U nonimmigrant visa.
- You have been physically present in the US for a continuous period of at least three years since you were admitted as a U-1 nonimmigrant.
- You have not been unreasonably refused to provide assistance in the investigation or prosecution of the qualifying criminal activity.
- You are not inadmissible.
- Your presence in the US is justified on humanitarian grounds.
How to Apply for a Green Card as a U Visa Holder
If you currently are in the United States and hold an active U Visa, then you may qualify for a Green Card. You will need to file Form I-485 which is the application to register Permanent Residence or Adjust Status.
Green Card for Victims of Human Trafficking
If you have T nonimmigrant status and complete all of the conditions, you may be able to become a lawful permanent resident (get a Green Card).
Green Card for T-Visa Eligibility
As a primary T-1 nonimmigrant, you must complete the following requirements to be eligible for a Green Card:
- You currently hold a T-Visa.
- You have been physically present in the US for a continuous period of at least three years since you were admitted as a U-1 nonimmigrant.
- Since your admission as a T-1 nonimmigrant and during your stay, you have demonstrated high moral conduct.
- You meet one of the following:
- Since your admission as a T-1 nonimmigrant and until USCIS makes a decision on your Form I-485, you have complied with every reasonable request for assistance in the investigation or prosecution of acts of trafficking.
- If you were expelled from the United States, you would face tremendous hardship as well as uncommon and serious injury; or
- You were under 18 years of age at the time of the trafficking.
Furthermore, you must be allowed to the United States as a lawful permanent resident before applying for a Green Card. Otherwise, any waivable grounds of inadmissibility that relate to you must have been waived by USCIS.
How to Apply for a Green Card as a T Visa Holder
If you currently are in the United States and hold an active T Visa, then you may qualify for a Green Card. You will need to file Form I-485 which is the application to register Permanent Residence or Adjust Status.
VisaPlace Immigration News Contributor
Ella Bergquist
Hello! I am one of VisaPlace's many immigration news contributors. Comment below if you have any questions or comments about this article.
