Immigration Relief for Noncitizen Crime Victims

January 31, 2023 R47404

Immigration Relief for Noncitizen Crime
January 31, 2023
Victims
Abigail F. Kolker
Noncitizens (referred to as aliens in immigration law), like citizens, may be victims of
Analyst in Immigration
crime in the United States. Noncitizen crime victims can be temporary nonimmigrants
Policy
(e.g., tourists, students, temporary workers), permanent immigrants (e.g., employment

and family-based immigrants), or unauthorized noncitizens who do not have a lawful
Emily J. Hanson
immigration status. Under federal law, specific protections from removal (deportation)
Analyst Social Policy
are sometimes available to certain noncitizen crime victims; these protections serve both

to encourage reporting to law enforcement and to aid victims who may need
Kristin Finklea
immigration relief (e.g., domestic violence victims whose immigration status is tied to
Specialist in Domestic
their abuser, those with expiring temporary nonimmigrant status, or unauthorized
Security
noncitizens).

Among the statuses noncitizen victims may receive, the U nonimmigrant status is

available to certain noncitizen victims of a relatively broad range of crimes. These individuals may be eligible if
they have suffered physical or mental abuse as a result of qualifying crimes that violate certain federal, state, or
local laws; these qualifying crimes range from rape, torture, and trafficking to extortion and blackmail. Among
other requirements, victims must also have been or are likely to be helpful in the investigation, prosecution,
conviction, or sentencing of the alleged or convicted offender. Individuals with U nonimmigrant status can remain
in the United States legally, are authorized to work, and can apply for lawful permanent resident (LPR) status after
three years. In addition, their children and spouses, and in some cases their parents and/or siblings, can apply for
derivative U status that confers the same benefits.
The number of U status recipients is limited to 10,000 principal petitioners per fiscal year. Once reached,
additional petitioners who may qualify can be granted conditional approval. There is currently a backlog of
170,805 principal petitioners and 114,450 accompanying family member petitioners (e.g., children, spouses). The
extent of the backlog means that, as of the cover date of this report, new applicants are likely to wait up to
approximately five years before the Department of Homeland Security (DHS) adjudicates their U nonimmigrant
status application. Additionally, those whose applications have been recently adjudicated and have been
conditionally approved to receive U status may wait up to an additional 17 years to receive the status due to the
10,000 annual cap.
There are additional options for immigration relief for victims of specific types of crime, such as human
trafficking or domestic violence. This includes (1) the T nonimmigrant status for trafficking victims, (2) an
additional form of immigration relief for trafficking victims referred to as continued presence, and (3) the
Violence Against Women Act (VAWA) self-petitioning for LPR status for victims of domestic violence. The T
nonimmigrant status has an annual limit of 5,000. That limit was not reached in any fiscal year from FY2012 to
FY2021 (the most recent years for which data are available). There is no limit on the number of individuals who
can apply for continued presence or who may be VAWA self-petitioners.
There are limited data on the rate of criminal victimizations of noncitizens. There are several federal programs
that collect and publish crime or crime-related data; not all of these programs include information that would
allow researchers to better understand the rate at which crime affects noncitizens and immigrant communities.
Some recent data indicate the violent victimization rate of noncitizens is, on average, lower than the rate for U.S.
citizens, and that it has been declining since 2019.
Policymakers may consider whether the forms of immigration relief currently available for noncitizen crime
victims are addressing the intended or desired scope of criminal activity and number of victims. They may also
consider the substantial U status backlog and what some observers see as an underutilization of the T status if they
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Immigration Relief for Noncitizen Crime Victims

debate existing limits on these various forms of immigration relief. Finally, policymakers may consider whether
current data collection on noncitizen criminal victimization is sufficient to assess the adequacy of existing
immigration relief options for noncitizen crime victims.

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Immigration Relief for Noncitizen Crime Victims

n the United States, both U.S. citizens and noncitizens1 (referred to as aliens in immigration
law) may be victims of crime. Crime victims may be hesitant to report victimization for a
I variety of reasons, including, but not limited to, fear of reprisal, a belief that police would not
or could not do anything to help, and a belief that the crime is a personal matter or too trivial to
report.2 Additionally, some noncitizens may be reluctant to report criminal victimization to the
police for reasons related to their immigration status. For example, a noncitizen may be hesitant
to report incidences of domestic violence when the noncitizen victim’s immigration status is tied
to their abuser. Some noncitizen crime victims may be unauthorized immigrants who do not have
a lawful immigration status, and as a result may be hesitant to seek out law enforcement for fear
of removal (deportation).3 To encourage noncitizen victims to reach out to police and to help
provide relief to these victims, federal law provides for specific protections from removal that
may be available to them.
In legislating and conducting oversight on programs offering immigration relief for crime
victims, policymakers may seek available data on noncitizen crime victimization as well as
information on how existing forms of relief are utilized. This report outlines the immigration
statuses for which noncitizen victims may be eligible, their eligibility requirements, issuance data,
and benefits provided by such statuses. It also highlights specific forms of immigration relief
available to noncitizen victims of particular types of crime. The report then provides an overview
of existing data on noncitizen crime victims and concludes by presenting relevant issues
policymakers may consider regarding immigration protections available to noncitizen victims.
Immigration Relief: U Nonimmigrant Status
Through the Violence Against Women Act (VAWA) of 2000,4 P.L. 106-386, Congress created the
U nonimmigrant status, often called the U-visa,5 for noncitizen victims who have suffered
physical or mental abuse as a result of a qualifying crime and who are cooperating with U.S.
officials.6 According to the bill’s conference report, the purpose of creating the U status was to:
strengthen the ability of law enforcement agencies to detect, investigate, and prosecute
cases of domestic violence, sexual assault, trafficking of aliens, and other crimes...
committed against aliens, while offering protection to victims of such offenses in keeping
with the humanitarian interests of the United States. This visa will encourage law
enforcement officials to better serve immigrant crime victims and to prosecute crimes
committed against aliens.... Creating a new nonimmigrant visa classification will facilitate
the reporting of crimes to law enforcement officials by trafficked, exploited, victimized,

1 As used in this report, the term noncitizens refers to individuals who are not citizens of the United States—either
U.S.-born or naturalized. This includes lawful permanent residents, refugees, those with nonimmigrant status (e.g.,
tourists, foreign students), and unauthorized individuals.
2 Alexandra Thompson and Susannah N. Tapp, Criminal Victimization, 2021, Bureau of Justice Statistics, Washington,
DC, September 2022, p. 5, https://bjs.ojp.gov/content/pub/pdf/cv21.pdf.
3 For more information about the unauthorized population in the United States, see CRS Report R47218, Unauthorized
Immigrants: Frequently Asked Questions.
4 Division B of the Victims of Trafficking and Violence Protection Act of 2000 (TVPA; P.L. 106-386, as amended).
5 Although U nonimmigrant status is often referred to as the U-visa, it is not technically a visa if it is given to
noncitizens present in the United States, because status is conferred by the Department of Homeland Security (DHS),
which does not have the authority to issue visas. Only the U.S. State Department, through consular offices, may issue
visas. Thus, only noncitizens present outside of the United States can receive U-visas while noncitizens present in the
United States receive U status.
6 8 U.S.C. §1101(a)(15)(U).
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and abused aliens who are not in lawful immigration status. It also gives law enforcement
officials a means to regularize the status of cooperating individuals during investigations
or prosecutions. Providing temporary legal status to aliens who have been severely
victimized by criminal activity also comports with the humanitarian interests of the United
States.7
To give further context, according to DHS guidance:
Congress, in the [TVPA], created the U nonimmigrant status program out of recognition
that victims without legal status may otherwise be reluctant to help in the investigation or
prosecution of criminal activity. Immigrants, especially women and children, can be
particularly vulnerable to criminal activity like human trafficking, domestic violence,
sexual assault, stalking, and other crimes due to a variety of factors, including but not
limited to: language barriers, separation from family and friends, lack of understanding of
U.S. laws, fear of deportation, and cultural differences. Accordingly, under this law,
Congress sought not only to prosecute perpetrators of crimes committed against
immigrants, but to also strengthen relations between law enforcement and immigrant
communities.8
U Status Eligibility
To qualify for U status, a noncitizen must file a petition and establish that
 they suffered substantial physical or mental abuse as a result of having been a
victim of qualifying criminal activities (see the “Qualifying Crimes” section);
 as certified by a law enforcement or immigration official,9 they (or if the
noncitizen is a child under age 16, the child’s parent, guardian, or friend) possess
information about the criminal activity involved;
 they have been, are being, or are likely to be helpful in the investigation,
prosecution, conviction, or sentencing of the criminal activity by federal, state, or
local law enforcement authorities; and
 the criminal activity violated the laws of the United States or occurred in the
United States.10
In addition, the victim must be admissible to the United States based on a review of his/her
criminal history, immigration violations, and other factors.11 Individuals can apply for waivers of
inadmissibility if eligible.12

7 U.S. Congress, Conference Committee, Victims of Trafficking and Violence Protection Act of 2000, conference report
to accompany H.R. 3244, 106th Cong., 2nd sess., Report 106–939, October 5, 2000, p. 72, at
https://www.congress.gov/106/crpt/hrpt939/CRPT-106hrpt939.pdf.
8 DHS, “U and T Visa Law Enforcement Resource Guide,” p. 4, at https://www.dhs.gov/sites/default/files/publications/
U-and-T-Visa-Law-Enforcement-Resource%20Guide_1.4.16.pdf.
9 This certification can be provided by a federal, state, local, tribal, and territorial law enforcement official, prosecutor,
judge, or other government official. DHS, “U and T Visa Law Enforcement Resource Guide,” p. 5, at
https://www.dhs.gov/sites/default/files/publications/U-and-T-Visa-Law-Enforcement-Resource%20Guide_1.4.16.pdf.
10 8 U.S.C. §1101(a)(15)(U).
11 The grounds for inadmissibility include health-related grounds, criminal history, security and terrorist concerns,
public charge (e.g., indigence), seeking to work without proper labor certification, illegal entry and immigration law
violations, ineligibility for citizenship, and previous removal (8 U.S.C. §1182).
12 For more information, see CRS Legal Sidebar LSB10603, Discretionary Waivers of Criminal Grounds of
Inadmissibility Under INA § 212(h).
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Derivative Status for Family Members
Derivative U status is available to the following family members of U status recipients:
 children,
 spouses,
 parents (if the principal applicant is under age 21), and
 unmarried siblings under age 18 (if the principal applicant is under age 21).13
Derivative U status allows an individual to live and work in the United States (for more
information, see the “U Status Benefits” section).
Qualifying Crimes
Qualifying criminal activity refers to one or more of the following or any similar activity in
violation of federal or state criminal law:
 rape;
 torture;
 trafficking;
 incest;
 domestic violence;
 sexual assault;
 abusive sexual contact;
 prostitution;
 sexual exploitation;
 stalking;
 female genital mutilation;
 being held hostage;
 peonage;
 involuntary servitude;
 slave trade;
 kidnapping;
 abduction;
 unlawful criminal restraint;
 false imprisonment;
 blackmail;
 extortion;
 manslaughter;
 murder;
 felonious assault;
 witness tampering;

13 8 U.S.C. §1101(a)(15)(U)(ii).
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 obstruction of justice;
 perjury;
 fraud in foreign labor contracting (as defined in 18 U.S.C. §1351); or
 attempt, conspiracy, or solicitation to commit any of the above mentioned
crimes.14
These categories of criminal activity are not specific citations in the criminal code; they are
general categories of crime that could fall under various federal, state, or local statutes.
USCIS Review of U Status Petitions
United States Citizenship and Immigration Services (USCIS), an agency within DHS, adjudicates
applications for immigration benefits. USCIS determines who is eligible for U status and law
enforcement agencies assist by providing a certification attesting that the individual is or will be
helpful in the investigation, prosecution, conviction, or sentencing of the criminal activity.
USCIS reviews U status applications, which consist of
 Form I-918 (the petition);
 Form I-918B (certification by law enforcement);
 victim’s affidavit;
 supporting evidence, such as
 police reports;
 medical records;
 court documents;
 witness affidavits; and
 photographs;
 a waiver of inadmissibility (if applicable).
USCIS also reviews the petitions of any derivative U status applicants. USCIS performs
background checks and determines if the individual is admissible. If any derogatory information
is found, USCIS can deny derivative U status petitions while still approving the principal U status
petitioner.
The 10,000 Cap for U Status
The U status category is statutorily limited to 10,000 principal noncitizens per fiscal year.15 As
shown in Table 1, the statutory cap of 10,000 principal noncitizens per fiscal year has been
reached each fiscal year since FY2012. Even if the statutory cap is reached before the end of the
fiscal year, USCIS continues to accept and process new petitions for U status and issues
conditional approval and work authorization to petitioners who are eligible for but unable to
receive U status because the cap has been reached.16 Unauthorized noncitizens, including those

14 8 U.S.C. §1101(a)(15)(U)(iii).
15 INA §214(o)(2). Although the interim final regulations on U status were released in September 2007, prior to that
noncitizens who met the criteria for U status were given immigration benefits similar to U status. In 2005, for example,
287 noncitizens were given “quasi-U” status (CRS analysis of unpublished data from DHS).
16 DHS, U and T Visa Law Enforcement Resource Guide, p. 5, at https://www.dhs.gov/sites/default/files/publications/
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whose status might expire while on the waiting list for U status, typically receive a discretionary
reprieve from removal—deferred action or parole.17 However, as of the cover date of this report,
it takes approximately five years for DHS to adjudicate new U status applications. If approved,
they are placed on the waiting list and granted deferred action or parole.18 After receiving
conditional approval, for those who recently entered the backlog, it can take up to approximately
17 additional years (as of the end of FY2021) to receive U status due to the length of the backlog
of those conditionally approved and the cap.19
Table 1. Issuance of U Status
FY2012-FY2021
Principal Victims
Derivative Family Members

FY
Applied Approved Denied Pending Applied Approved Denied
Pending
2012
21,141
10,031
1,684
19,824
15,126
7,421
1,465
15,592
2013
25,486
10,022
1,840
33,409
18,266
7,724
1,234
24,480
2014
26,089
10,077
3,662
45,814
19,297
8,457
2,655
32,948
2015
30,129
10,060
2,440
63,779
22,636
7,649
1,754
46,507
2016
34,797
10,019
1,761
87,290
25,469
7,624
1,257
63,616
2017
37,287
10,011
2,042
112,272
25,703
7,628
1,612
79,971
2018
34,967
10,009
2,317
134,714
24,024
7,906
1,991
94,050
2019
28,364
10,010
2,733
151,758
18,861
7,846
2,397
103,737
2020
22,358
10,013
2,693
161,708
14,090
7,212
2,472
108,366
2021
21,874
10,003
3,594
170,805
15,290
6,728
3,085
114,450
Source: Department of Homeland Security, U.S. Citizenship and Immigration Services, https://www.uscis.gov/
sites/default/files/document/data/I918u_visastatistics_fy2022_qtr3.pdf.
Notes: Some approvals and denials may have been received in prior fiscal year(s) filings. Pending applicants are
awaiting a decision. The pending number is likely growing due to USCIS delays, which is addressed in USCIS,
Fiscal Year 2022 Progress Report, December 2022, at https://www.uscis.gov/sites/default/files/document/reports/
OPA_ProgressReport.pdf. In addition, it is not clear why USCIS data indicate that USCIS exceeded the annual
cap of 10,000 principal applicant approvals. USCIS communicated with CRS that they do not exceed the cap but
they have not provided an explanation for why their computer system indicates values exceeding the cap.

U-and-T-Visa-Law-Enforcement-Resource%20Guide_1.4.16.pdf.
17 8 C.F.R. §214.14(d)(2). Deferred action is a temporary reprieve from removal granted by DHS. For more
information, see CRS Report R45158, An Overview of Discretionary Reprieves from Removal: Deferred Action,
DACA, TPS, and Others. Parole is a term in immigration law that means the noncitizen has been granted temporary
permission to be in the United States. Parole does not constitute formal admission to the United States and parolees are
required to leave when the parole expires, or to be admitted in a lawful status if eligible. For more information, see
CRS Report R46570, Immigration Parole.
18 This is an increase from FY2016, when it took an average of less than two years to process cases. See USCIS,
“Historical National Average Processing Time (in Months) for All USCIS Offices for Select Forms By Fiscal Year:
Fiscal Year 2016 to 2020 (up to June 30, 2020),” https://egov.uscis.gov/processing-times/historic-pt. In addition,
updated USCIS information on case processing times is available at https://egov.uscis.gov/processing-times/.
19 Based on CRS analysis of DHS, USCIS data, available at https://www.uscis.gov/sites/default/files/document/data/
I918u_visastatistics_fy2022_qtr3.pdf.
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U Status Benefits
U status is generally valid for four years. It can only be extended beyond four years if “the alien’s
presence in the United States continues to be necessary to assist in the investigation or
prosecution of the qualifying criminal activity.”20 Individuals with U status can remain in the
United States lawfully.
Principal and derivative recipients of U status are authorized to work by virtue of their status.21
They can work anywhere in the United States for any employer.
Individuals with U status are not eligible for most federal public benefits. However, those who
receive U status may be eligible for crime victim assistance and/or compensation through
programs funded by the Department of Justice (DOJ) (see text box below).22
Immigrant Eligibility For Victim Services and Compensation Authorized by the
Victims of Crime Act (VOCA)23
VOCA (P.L. 98-473) authorizes several grant programs, including the Victim Assistance Formula Grant and the
Victim Compensation Formula Grant, which fund local organizations and state agencies that directly assist and
compensate crime victims. Immigrant and nonimmigrant crime victims are eligible to receive direct assistance and
compensation from these programs.24 To receive Victim Compensation Formula Grant funds, a state crime victim
compensation program must promote victim cooperation with requests of law enforcement authorities, among
other eligibility requirements.25 States maintain the authority and discretion to establish their own standards for
victim cooperation with the reasonable requests of law enforcement agencies. State agencies may use Victim
Assistance Formula Grant funds to support direct services regardless of a victim’s participation in the criminal
justice process, and victim eligibility for direct services is not dependent on the victim’s immigration status.26 Some
victim advocates believe that promoting victim cooperation with law enforcement agencies can create barriers for
underserved communities, such as immigrants, to access victim services.27
Adjustment to Lawful Permanent Resident (LPR) Status
After three years, those with U status may apply for lawful permanent resident (LPR) status (i.e.,
a green card).28 To adjust from U to LPR status, a noncitizen must have

20 8 C.F.R. 214.14(g)(2)(ii).
21 8 C.F.R. §274a.12(a)(19) and (20).
22 For information on victim assistance and compensation supported by DOJ, see CRS Report R42672, The Crime
Victims Fund: Federal Support for Victims of Crime; and CRS Report R45410, The Violence Against Women Act
(VAWA): Historical Overview, Funding, and Reauthorization.
23 This textbox was written by Lisa Sacco, CRS Analyst in Illicit Drugs and Crime Policy.
24 For more information on VOCA programs, see CRS Report R42672, The Crime Victims Fund: Federal Support for
Victims of Crime.
25 34 U.S.C. §20101(b).
26 U.S. Department of Justice, Office of Justice Programs, Office for Victims of Crime, Side-by-Side Comparison of the
VOCA Victim Assistance Guidelines and Rule, https://ovc.ojp.gov/sites/g/files/xyckuh226/files/media/document/
comparison-VOCA-victim-assistance-guidelines-and-final-rule.pdf.
27 Danielle Sered and Bridgette Butler, Expanding the Reach of Victim Services: Maximizing the Potential of VOCA
Funding for Underserved Survivor, Vera Institute of Justice, August 2016, https://www.vera.org/downloads/
publications/expanding-the-reach-of-victim-services-voca-updated.pdf.
28 The regulations concerning adjustment to LPR status from U status were released on December 12, 2008, and
became effective on January 12, 2009. DHS, “Adjustment of Status to Lawful Permanent Resident for Aliens in T or U
Nonimmigrant Status,” 73 Federal Register 75540-75564, December 12, 2008.
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 been physically present in the United States for a continuous period of at least
three years since the date of admission under U status;
 not participated in “Nazi persecution, genocide, or the commission of any act of
torture or extrajudicial killing”29;
 “not unreasonably refused to provide assistance to an official or law enforcement
agency that had responsibility in an investigation or prosecution of persons in
connection with the qualifying criminal activity after the alien was granted U
nonimmigrant status”30; and
 “establish[ed] to the satisfaction of the Secretary [of Homeland Security] that the
alien’s presence in the United States is justified on humanitarian grounds, to
ensure family unity, or is in the public interest.”31
While the number of individuals who can receive U status is limited to 10,000 principal
petitioners each fiscal year, there is no limit on the number of individuals with U status (whether
principal or derivative petitioners) who can subsequently adjust to LPR status in a given fiscal
year.
Other Immigration Relief for Victims of Specific
Crimes
U status provides one form of immigration relief for a relatively broad range of noncitizen crime
victims. For some noncitizen victims of specific types of crime such as human trafficking or
domestic violence, there are other forms of immigration relief for which they may be eligible. If
policymakers consider immigration relief for specific categories of crime victims, they may look
not only to the broader U status but also to specific paths of immigration relief already afforded to
victims of specific crimes.
Trafficking Victims32
In the United States, trafficking victims—both U.S. citizens and noncitizens—are exploited for
commercial sex and forced labor. Some noncitizen victims may not have a lawful immigration
status which may deter them from seeking help or reaching out to law enforcement. This may be
due, in part, to fear of removal. Other noncitizens who have been victims of trafficking may have
fallen out of lawful status during their victimization. In addition to the U status, federal law
provides additional protections from removal that may be available to noncitizen victims of
trafficking.
T Status
The Victims of Trafficking and Violence Protection Act of 2000 (TVPA; P.L. 106-386, as
amended) created a new nonimmigrant category, known as T status or T-visa,33 for noncitizens

29 8 C.F.R. §245.24(b)(4); 8 U.S.C. §1182(a)(3)(E).
30 8 C.F.R. §245.24(b)(5).
31 8 C.F.R. §245.24(b)(6).
32 For additional information on immigration relief for trafficking victims, see CRS Report R46584, Immigration Relief
for Victims of Trafficking.
33 Although T nonimmigrant status is often referred to as the T-visa, it is not technically a visa if it is given to
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who are victims of severe forms of trafficking in persons.34 To qualify for the T category, a
noncitizen must
 demonstrate that they are a victim of a severe form of trafficking in persons35;
 be physically present in the United States, American Samoa, or the
Commonwealth of the Northern Mariana Islands, or at a U.S. port of entry
because of such trafficking, or be admitted to the United States to participate in
investigative or judicial processes associated with such trafficking36;
 have complied with any reasonable request for assistance from a law
enforcement agency37 in the investigation or prosecution of acts of trafficking
unless unable to do so due to physical or psychological trauma, or being under
age 1838; and
 be likely to suffer extreme hardship involving unusual and severe harm upon
removal from the United States.
To receive T status, the noncitizen must also be admissible to the United States or obtain a waiver
of inadmissibility. A waiver of inadmissibility is available in a number of circumstances,
including for health-related grounds, public charge (indigence) grounds, 39 or criminal grounds40 if
the activities rendering the noncitizen inadmissible were caused by or incident to their
victimization.41 This waiver may be particularly relevant for those involved in sex trafficking

noncitizens present in the United States, because status is conferred DHS, which does not have the authority to issue
visas. Only the State Department, through consular offices, may issue visas. Thus, only noncitizens present outside of
the United States can receive T-visas while noncitizens present in the United States receive T status.
34 “T” refers to the letter denoting the subsection of the Immigration and Nationality Act (INA) that provides the
authority for the noncitizen’s admission into the United States (i.e., INA §101(a)(15)(T), codified at 8 U.S.C.
§1101(a)(15)(T)). The TVPA defines severe forms of trafficking in persons to mean (1) 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 has not
attained 18 years of age; or (2) the 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 subjection to involuntary servitude, peonage,
debt bondage, or slavery (22 U.S.C. §7102).
35 It is the applicant’s responsibility to demonstrate the elements of a severe form of trafficking in persons. For
example, the applicant must include a personal statement explaining in their own words the facts of their victimization
(8 C.F.R. §214.11(d)(2)).
36 Prior to the TVPA reauthorization in 2008 (P.L. 110-457), this was interpreted in the regulations to apply to those
noncitizens who (1) are present because they are being held in some sort of severe form of trafficking situation, (2)
were recently liberated from a severe form of trafficking, or (3) were subject to a severe form of trafficking in the past
and remain present in the United States for reasons directly related to the original trafficking. P.L. 110-457 expanded
the definition of physical presence to include trafficking victims admitted to the United States for trafficking
investigations and legal proceedings.
37 To be eligible for T status, most noncitizens must submit evidence that they have complied with reasonable requests
for assistance from a law enforcement agency. A signed declaration from a law enforcement agency can support a T
status application, but it is not required. It is not necessary for the noncitizen to be certified by a law enforcement
agency, as is required by those applying for U nonimmigrant status for noncitizen crime victims. For more information,
see USCIS, Information for Law Enforcement Agencies and Judges.
38 Children under age 18 at the time that the application for T status is filed are exempt from the requirement to comply
with law enforcement requests for assistance. In the original TVPA, the age of mandatory compliance was under 15,
but the TVPA reauthorization in 2003 (P.L. 108-193) increased the age of mandatory compliance to under 18.
39 For more information, see CRS Insight IN11217, Immigration: Public Charge 2022 Final Rule.
40 For more information, see CRS Report R45151, Immigration Consequences of Criminal Activity.
41 8 U.S.C. §1182(d)(13). The waiver is not automatically granted, and there is no appeal if it is denied.
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because prostitution is one of the grounds of inadmissibility specified in the INA.42 Additionally,
noncitizen victims of trafficking who are present without being admitted or paroled into the
United States are inadmissible and would need to obtain a waiver to be eligible for T status. For
example, a noncitizen who paid a smuggler to enter the country illegally and then was held in
servitude would need to get an inadmissibility waiver to be eligible for T status. Individuals with
T status can remain in the United States lawfully, and after three years may petition for LPR
status.43
The number of T status recipients is capped at 5,000 principal noncitizens each fiscal year.
Additionally, the spouse, children, parents (if the principal applicant is under the age of 21), or
siblings under the age of 18 (if the principal applicants is under age 21) may be given derivative T
status in order to avoid extreme hardship; derivatives are not counted against the numerical
limit.44 For the last 10 fiscal years, the 5,000 cap has not been reached.45 Table 2 includes data on
the number of victim and derivative family applications for T status for the 10-year period from
FY2012 to FY2021. In FY2021, 1,702 trafficking victims submitted applications, and USCIS
approved 829. In that same fiscal year, 1,078 derivative family members of victims submitted
applications, and USCIS approved 622.46
Table 2. USCIS Applications for T Nonimmigrant Status
FY2012–FY2021

Principal Victims
Derivative Family Members
Fiscal
Submitted Approved
Denied
Pending
Submitted Approved Denied Pending
Year
2012
790
667
81
565
848
747
94
453
2013
804
851
97
421
1,021
984
85
518
2014
908
619
135
590
913
787
95
579
2015
1,014
611
239
809
1,113
692
182
854
2016
955
748
175
869
890
937
144
713
2017
1,177
669
213
1,180
1,142
667
123
1,100
2018
1,613
576
300
1,916
1,315
703
251
1,483
2019
1,242
500
365
2,358
1,011
491
216
1,860
2020
1,110
1,040
778
1,798
966
1,018
511
1,448
2021
1,702
829
524
2,299
1,078
622
346
1,748

42 8 U.S.C. §1182(a)(2)(D).
43 The regulations concerning adjustment to LPR status from T status were released on December 12, 2008, and
became effective on January 12, 2009. DHS, “Adjustment of Status to Lawful Permanent Resident for Aliens in T or U
Nonimmigrant Status,” 73 Federal Register 75540-75564, December 12, 2008.
44 In some cases, immediate family members of a trafficking victim may receive a T-visa to join the victim in the
United States. This may be necessary if the traffickers are threatening the victim’s family.
45 USCIS, Number of Form I-914, Application for T Nonimmigrant Status by Fiscal Year, Quarter, and Case Status:
Fiscal Years 2008 – 2021, https://www.uscis.gov/sites/default/files/document/data/
I914t_visastatistics_fy2021_qtr4.pdf.
46 Ibid.
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Source: USCIS, Number of Form I-914, Application for T Nonimmigrant Status by Fiscal Year, Quarter, and Case
Status: Fiscal Years 2008 – 2021, https://www.uscis.gov/sites/default/files/document/data/
I914t_visastatistics_fy2021_qtr4.pdf.
Notes: Some approvals and denials may have been received in prior fiscal year(s) filings. Pending applicants are
awaiting a decision. The pending number is likely growing due to USCIS delays, which is addressed in USCIS,
Fiscal Year 2022 Progress Report, December 2022, at https://www.uscis.gov/sites/default/files/document/reports/
OPA_ProgressReport.pdf
Continued Presence
In addition to the U status and T status, the TVPA gives the Secretary of DHS the authority to
grant continued presence for certain victims of a severe form of trafficking of persons in order to
facilitate the investigation and prosecution of the individuals responsible for such trafficking.47
Continued presence is not an immigration status, but it offers temporary protection from removal.
Federal law enforcement officials who encounter victims of severe forms of trafficking in persons
who are potential witnesses to that trafficking may request that DHS grant continued presence to
the noncitizen victim in the United States.48 As shown in Table 3, during the most recent 10-year
period for which data are publicly available, fewer than 300 people were granted continued
presence in any single year. In FY2020, 117 individuals were granted continued presence.
Table 3. Continued Presence Granted to Trafficking Victims
FY2011-FY2020
FY2011
FY2012
FY2013
FY2014
FY2015
FY2016
FY2017
FY2018
FY2019
FY2020
283
199
171
122
175
129
160
121
215
117
Source: Department of Justice, Attorney General’s Annual Report to Congress on U.S. Government Activities to Combat
Trafficking in Persons, multiple years.
Note: FY2020 is the most recent year with available data.
Domestic Violence Victims
U status provides immigration options for victims of VAWA-related offenses such as domestic
violence, dating violence, and sexual assault. However, noncitizen victims of domestic violence
may face a precarious situation if their legal immigration status depends on the sponsorship of a
citizen or LPR who is their abuser and who often use such circumstances to continue the abuse.
VAWA sought to address this situation by creating an avenue for victims to self-petition for LPR
status in the United States for themselves and their children (younger than 21) independent of
their citizen/LPR abusive sponsor.49 These applicants are typically referred to as VAWA self-
petitioners.
Under VAWA, noncitizen victims of battery or extreme cruelty at the hands of a U.S. citizen
spouse or former spouse, parent, child, or an LPR spouse or former spouse or parent may be
eligible for an adjustment of immigration status.50 Self-petitions can be filed without the

47 22 U.S.C. §7105(c)(3). Historically, the Attorney General has had discretionary authority to use a variety of statutory
and administrative mechanisms to allow the noncitizen’s continued presence. See 28 C.F.R. Part 1000.35.
48 Requests for continued presence are handled by the Law Enforcement Parole Branch of DHS’s Immigration and
Customs Enforcement (ICE).
49 USCIS, “Green Card for VAWA Self-Petitioner,” https://www.uscis.gov/green-card/green-card-eligibility/green-
card-for-vawa-self-petitioner (hereinafter Green Card for VAWA Self-Petitioner.)
50 Green Card for VAWA Self-Petitioner.
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citizen/LPR abuser’s knowledge, consent, or participation.51 If the applicant is outside of the
United States, the self-petitioner application is completed via consular processing.52
VAWA self-petitioners can be of any gender, and in some cases do not need to be married to the
abuser at the time of their application.53 An applicant may still be eligible if the marriage ended as
a result of bigamy or death, was terminated within two years of applying and in connection to
abuse,54 or if the abuser lost or renounced their citizenship or LPR status due to the abuse. Once a
self-petitioner has filed for a change in status, a subsequent termination of the marriage typically
does not bear on the application. Children of the self-petitioner who are unmarried and under age
21 may also be eligible for an adjustment of immigration status as a derivative family member.55
There is no annual cap on the number of VAWA self-petitioners that can be approved. As shown
in Table 4, in FY2021, the most recent year that data are available, USCIS received 23,391
applications from VAWA self-petitioners56: 18,172 were from spouses of abusive citizens or
LPRs; 544 were from children of abusive citizens or LPRs; and 4,675 were from parents of an
abusive U.S. citizen son or daughter.57 In FY2021, a total of 6,766 petitions were approved and
3,755 were denied; 42,562 are pending.58

51 USCIS, “Abused Spouses, Children, and Parents,” https://www.uscis.gov/humanitarian/abused-spouses-children-
and-parents ( (hereinafter Abused Spouses, Children, and Parents).
52 Abused Spouses, Children, and Parents.
53 USCIS, “Questions and Answers: Abused Spouses, Children and Parents Under the Violence Against Women Act
(VAWA),” https://www.uscis.gov/humanitarian/abused-spouses-children-and-parents/questions-and-answers-abused-
spouses-children-and-parents-under-the-violence-against-women-act-vawa (hereinafter USCIS VAWA Q&A).
54 According to USCIS, “The actual grounds for the termination of the marriage do not need to explicitly cite battery or
extreme cruelty.” USCIS VAWA Q&A.
55 The child is not eligible to apply as a derivative family member “if the principal applicant is a self-petitioning parent
of an abusive U.S. citizen son or daughter.” Green Card for VAWA Self-Petitioner.
56 There is no cap on VAWA self-petition approvals.
57 USCIS, “Number of Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, With a Classification of
VAWA Self-Petitioner,” at https://www.uscis.gov/sites/default/files/document/data/
I360_VAWA_performancedata_fy2022_qtr3.pdf.
58 Ibid. Some approved, denied, or pending petitions may have been received in previous fiscal years.
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Table 4. VAWA Self- Petitions
FY2012-2021
Self-Petitioning Spouse of Abusive U.S.
Self-Petitioning Child of Abusive U.S. Citizen
Self-Petitioning Parent of Abusive U.S.

Citizen or LPR
or LPR
Citizen Son or Daughter
FY
Received Approved
Denied
Pending
Received Approved
Denied
Pending
Received Approved Denied
Pending
2012
9,006
3,093
1,410
12,847
455
129
122
679
N/A
N/A
N/A
N/A
2013
6,815
9,583
2,585
7,182
265
348
221
350
N/A
N/A
N/A
N/A
2014
7,130
7,207
3,322
3,776
229
239
208
137
N/A
N/A
N/A
N/A
2015
7,865
4,890
2,021
4,756
300
124
125
201
N/A
N/A
N/A
N/A
2016
8,906
5,065
2,063
6,680
483
129
262
292
D
N/A
N/A
D
2017
10,485
3,506
1,589
12,150
462
77
240
439
498
D
131
356
2018
11,216
4,622
1,419
17,215
581
82
158
765
1,007
49
133
1,168
2019
11,838
6,476
1,849
21,358
525
161
245
920
1,581
94
293
2,180
2020
12,344
7,962
2,135
24,883
412
202
275
896
2,121
213
393
3,40
2021
18,172
6,431
2,910
34,543
544
147
213
1,105
4,675
188
632
6,914
Source: USCIS, “Number of Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, With a Classification of VAWA Self-Petitioner,”
https://www.uscis.gov/sites/default/files/document/data/I360_VAWA_performancedata_fy2022_qtr3.pdf.
Notes: N/A is used when a number cannot be accurately provided, since that category was not a selection on the I-360 form until FY2016. D = data disclosure
standards were not met, according to USCIS. Some approved, denied, or pending petitions may have been received in prior fiscal year(s) filings. Pending applicants are
awaiting a decision. The pending number is likely growing due to USCIS delays, which is addressed in USCIS, Fiscal Year 2022 Progress Report, December 2022, at
https://www.uscis.gov/sites/default/files/document/reports/OPA_ProgressReport.pdf

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Immigration Relief for Noncitizen Crime Victims

Data on Noncitizen Victims of Crime
To develop and implement immigration policies that adequately address the needs of noncitizen
victims of crime, it is necessary to have data that accurately reflect their experiences. Major
national surveys like the American Community Survey (ACS) and the Current Population Survey
(CPS) include questions about citizenship status but not about criminal victimizations. However,
there are limited sources for data on noncitizens victims of crime.
The National Crime Victimization Survey (NCVS), a large federal crime data collection program
administered by the Bureau of Justice Statistics (BJS), does ask about participants’ citizenship
status.59 The NCVS is an annual survey that asks a representative sample of U.S. households (all
members of the sampled household who are 12 and older may respond to the survey) about the
nature of any criminal victimizations (i.e., frequency, characteristics, and consequences) they
experienced.60 The 2017 survey was the first instance that the NCVS included a question about
respondents’ citizenship status.61 As illustrated in Figure 1, the violent victimization rate reported
by noncitizen participants was lower than the rate for U.S. citizens, and both generally declined
from 2019 to 2021 (Table 5).
Figure 1. Violent Victimization Rate for U.S. Citizens and Noncitizens, 2017-2021

Source: Bureau of Justice Statistics (BJS), Criminal Victimization, 2018, https://bjs.ojp.gov/library/
publications/criminal-victimization-2018; BJS, Criminal Victimization, 2019, https://bjs.ojp.gov/library/

59 In the 2022 Basic Screen Questionnaire, participants were asked “Are you a citizen of the United States? That is,
were you born in the United States, born in a U.S. territory, born of U.S. citizen parent(s), or become a citizen of the
U.S. through naturalization?” The response options were as follows: “1) Yes, born in the United States, 2) Yes, born in
Puerto Rico, Guam, the U.S. Virgin Islands, or North Marianas, 3) Yes, born abroad of U.S. citizen parent or parents,
4) Yes, U.S. citizen by naturalization, or 5) No, not a U.S. Citizen.” See https://bjs.ojp.gov/content/pub/pdf/
ncvs22_bsq.pdf.
60 For more information, see CRS Report R46668, The National Incident-Based Reporting System (NIBRS): Benefits
and Issues.
61 Min Xie and Eric P. Baumer, “Immigrant Status, Citizenship, and Victimization Risk in the United States: New
Findings from the National Crime Victimization Survey (NCVS),” Criminology, vol. 59, no. 4 (July 2021).
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publications/criminal-victimization-2019; and BJS, Criminal Victimization, 2021, https://bjs.ojp.gov/library/
publications/criminal-victimization-2021.
Notes: Violent victimization includes rape or sexual assault, robbery, aggravated assault, and simple assault. It
excludes homicide because the NCVS is based on interviews with surviving victims. Rate is per 1,000 persons
age 12 or older.
Table 5 presents the number and rate of violent victimizations captured by the NCVS for U.S.-
born citizens, naturalized citizens, and noncitizens from 2017 to 2021. During those years, the
violent victimization rate per 1,000 people was higher for U.S.-born citizens than noncitizens, but
lower for naturalized U.S. citizens than noncitizens. The victimization rate for noncitizens was at
its highest (for the years in which these data were available) in 2019 and then declined in
succeeding years. During 2020 and 2021, the violent victimization rate remained relatively stable
for U.S. citizens (with a slight increase for naturalized citizens), whereas the violent victimization
rate for noncitizens declined.
Table 5. Violent Victimizations by Citizenship Status, 2017-2021

2017
2018
2019
2020
2021
Rate
Rate
Rate
Rate
Rate
per
per
per
per
per

Number 1,000a Number 1,000a Number 1,000a Number 1,000a Number 1,000a
U.S. citizens
5,304,470
20.8 6,163,570
23.9 5,499,420
21.2 4,373,730
16.7 4,438,670
16.9
U.S.-born
citizensb
5,106,650
21.9 5,900,190
25.1 5,296,270
22.4 4,188,720
17.6 4,174,680
17.5
Naturalized
U.S. citizens
197,820
9.1
263,380
11.6
203,150
8.8
185,010
7.8
263,990
11.1
Noncitizens
260,320
16.2
196,350
12.5
267,700
17.7
160,370
11.4
144,670
9.8
Source: Bureau of Justice Statistics (BJS), Criminal Victimization, 2018, https://bjs.ojp.gov/library/
publications/criminal-victimization-2018; BJS, Criminal Victimization, 2019, https://bjs.ojp.gov/library/
publications/criminal-victimization-2019; and BJS, Criminal Victimization, 2021, https://bjs.ojp.gov/library/
publications/criminal-victimization-2021.
Notes: Violent victimization includes rape or sexual assault, robbery, aggravated assault, and simple assault. It
excludes homicide because the NCVS is based on interviews with surviving victims.
a. Rate is per 1,000 persons age 12 or older.
b. Includes persons born in the United States, in a U.S. territory, or abroad to U.S. parents.
Another federal data collection program that provides some information on noncitizen crime
victims is the National Violent Death Reporting System (NVDRS) administered by the Centers
for Disease Control and Prevention (CDC). NVDRS collects data about “all types of violent
deaths—including homicides and suicides—in all settings and for all age groups” from death
certificates, coroners/medical examiners, and law enforcement agencies.62 The NVDRS also
includes information on respondent nativity. A 2022 analysis of 2017 NVDRS63 data indicated

62 CDC, National Violent Death Reporting System (NVDRS), https://www.cdc.gov/violenceprevention/datasources/
nvdrs/index.html.
63 Kayla R. Freemon, Melissa A. Gutierrez, and Jessica Huff et al., “Violent victimization among immigrants: Using
the National Violent Death,” Preventative Medicine Reports, vol. 26 (April 2022) (hereinafter, Violent victimization
among immigrants). In 2017, 35 states, Washington, DC, and Puerto Rico participated in NVDRS. The authors
excluded Puerto Rico, Illinois, Pennsylvania, and Washington because “those states only collected data on a portion of
violent deaths, and we were unable to link their sample with the state total population to calculate rates.”
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that among 9,428 homicides64 examined across 32 states and Washington, DC, 8% involved a
foreign-born65 decedent. This was a “substantially lower” rate than the number observed among
U.S.-born persons. The analysis also indicated that foreign-born persons from Honduras, El
Salvador, and Jamaica “experienced higher homicide rates than those born in the U.S.”66
Although these data suggest that noncitizens may be less likely to be crime victims than U.S.
citizens, there are still a large number of noncitizens who experience criminal victimization.
These snapshots of data provide some insight into criminal victimizations of noncitizens; more
detailed data may serve to strengthen federal immigration policies.
Issues for Congressional Consideration
Forms of Immigration Relief for Noncitizen Crime Victims
As noted, U status is a form of immigration relief that is available to certain noncitizen victims of
a broad range of crimes. Congress has taken steps to provide additional forms of immigration
relief to victims of specific types of crimes such as human trafficking and domestic violence. If
Congress considers immigration relief as a broad form of assistance for noncitizen victims of
crime, it may consider related issues. For instance, policymakers may examine whether the range
of qualifying crimes for U status eligibility is still appropriate. Of note, the U status qualifying
crimes are general crime categories rather than specific criminal violations; as such, policymakers
may conduct oversight over U status issuance to examine the specific types of criminal violations
that have been considered as falling into one of the broad categories of crime outlined in the
eligibility requirements.67 This can help determine whether the existing categories of crime
should be modified to encompass the criminal violations for which policymakers wish to provide
victim assistance in the form of U status.
Policymakers may also wish to consider whether to provide additional forms of immigration
relief for victims of specific crimes, as has already been done for victims of human trafficking,
for instance. Additional pathways for relief could help alleviate the U status backlog (discussed
below) by diverting potential U status recipients to other forms of relief. Additional paths for
immigration relief could be established through additional immigration statuses (as was done with
the T status) or through granting the executive branch the authority to provide temporary
protections from removal for specified victims (as was done with allowing DHS to grant
continued presence for trafficking victims). To help inform these considerations, Congress may
conduct oversight of existing data collection efforts on the types of criminal violations for which
noncitizens may be most at risk.

64 The NVDRS defines homicide as “a death resulting from the intentional use of force or power, threatened or actual,
against another person, group, or community. A preponderance of evidence must indicate that the use of force was
intentional. Such deaths resulting from legal intervention are included in a separate category.” National Violent Death
Reporting System Web Coding Manual, Version 5.4.1., p. 9.
65 Foreign-born was defined as follows: “Victims born in the U.S. or in a territory where the U.S. grants citizenship at
birth, including Guam, Puerto Rico, Northern Mariana, and the U.S. Virgin Islands (U.S. Census Bureau, 2019), were
coded as U.S.-born (=0). Victims not born in the U.S. or U.S. territories were coded as foreign-born (=1).” Violent
victimization among immigrants, p. 2.
66 Violent victimization among immigrants.
67 USCIS, Trends in U Vis Law Enforcement Certifications, Qualifying Crimes, and Evidence of Helpfulness, July
2020.
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Immigration Status Utilization
U Status Backlog
U status is in high demand. The 10,000 principal noncitizen annual cap has resulted in a backlog
of applicants with conditional approval but without the U status due to the annual cap.
Policymakers may consider specifically how this backlog could affect these victims of crime.
Previous legislative proposals to eliminate the cap have failed to pass.68
In addition to delays resulting from the post-adjudication backlog, as of the cover date of this
report, it takes DHS approximately five years to adjudicate new U status applications. Human
rights organizations have highlighted that while the “U visa has been an essential tool in
strengthening relationships with immigrant communities and ensuring public safety,” the wait
time before adjudication leaves applicants without decisions, which can increase their
vulnerability to further abuse.69
Other observers have expressed concern about the backlog for different reasons; as applicants on
the waitlist are granted deferred action or parole, critics see the program as conferring de facto
residency for thousands of noncitizens who have not yet received approval.70
T Status Underutilization
Congress may examine the extent to which T status is utilized as well as whether the 5,000
principal noncitizen annual cap is still the appropriate level. The cap has not been met in any of
the most recent 10 fiscal years for which data are available (see Table 2), which may indicate that
the cap is set too high. Alternatively, policymakers may look at factors that potentially contribute
to what some observers consider to be underutilization of the T status, such as awareness of the
status or the stringency of eligibility criteria.71
Crime Victimization Data
To fit immigration policy and visa quotas more closely to the populations of interest, Congress
may consider collecting more-detailed data on criminal victimizations of noncitizens. Congress
could mandate that federal crime data programs add a variable capturing victim’s citizenship
status. For example, the most prominent crime data collection effort at the Federal Bureau of
Investigation (FBI), the Uniform Crime Reporting (UCR) program, does not include citizenship

68 For example, in the 115th and 116th Congresses, the Immigrant Witness and Victim Protection Act of 2018 (H.R.
5058) and the Immigrant Witness and Victim Protection Act of 2019 (H.R. 4319) were introduced in the House. While
these bills were not identical, both would have eliminated the annual numerical limit on the U nonimmigrant status
(i.e., the 10,000 cap) as well as provided work authorization to T and U applicants either upon approval or 180 days
after submitting their application (whichever came first).
69 Human Rights Watch, “Immigrant Crime Fighters: How the U Visa Program Makes US Communities Safer,” July 3,
2018, https://www.hrw.org/report/2018/07/03/immigrant-crime-fighters/how-u-visa-program-makes-us-communities-
safer.
70 Jessica Vaughan, “Visas for Victims: A Look at the U Visa Program,” Center for Immigration Studies, March 30,
2020, at https://cis.org/Report/Visas-Victims-Look-U-Visa-Program.
71 See, for example, University of Nebraska Omaha, Office of Latino/Latin American Studies, Human Trafficking and
the T Visa Process: Insights from Legal Representatives Working with Victims from Latin America, May 2021.
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Immigration Relief for Noncitizen Crime Victims

data about victims or offenders in the National Incident-Based Reporting System (NIBRS).72
Congress could require the FBI to add citizenship questions to NIBRS.
Alternatively, Congress may opt to leave citizenship questions out of crime data collections in
light of concerns that these types of questions may discourage noncitizens from reporting
criminal victimizations to law enforcement agencies. (For more information see CRS In Focus,
Improving Crime Victimization Data for Noncitizen Populations). In the absence of these data,
Congress may consider requiring the National Institute of Justice (NIJ) to conduct a study about
violent victimization of noncitizens to gain a better understanding of the nature and scope of these
experiences.

Author Information

Abigail F. Kolker
Kristin Finklea
Analyst in Immigration Policy
Specialist in Domestic Security

Emily J. Hanson

Analyst Social Policy

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
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its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or
material from a third party, you may need to obtain the permission of the copyright holder if you wish to
copy or otherwise use copyrighted material.

72 NIBRS does include a question about “resident status” but this refers to whether the offender or victim is a resident
of the reporting police agency’s jurisdiction rather than immigration status.
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