Immigration options for survivors: U visa, T visa and VAWA

What happened to you was not your fault. You do not have to carry it alone, and you do not need papers to ask for help. These three paths exist because the law recognizes that survivors who speak up deserve protection.

This guide is general information, not legal advice. DNLH is not a law office, a shelter or a crisis line, and we cannot represent you. Every story is different, and these cases have real risks. Talk with an immigration lawyer or a DOJ accredited representative before you file anything. Free help is listed below.

If you need a hotline, a shelter or a restraining order today, start with Where survivors of abuse can get free help in California. This guide is about the immigration side.

On this page

1. Which option might fit me?
2. Who can get a U visa?
3. How does U visa certification work?
4. Who can get a T visa?
5. Who can file under VAWA?
6. Is it safe to apply?
7. How do I apply, and what does it cost?
8. Can my family be included?
9. What happens after I file?
10. What if I have a record or past immigration problems?
11. What if I am in immigration court or detained?
12. How do I stay safe while my case is pending?
13. Can I get a green card later?
14. What changed in 2025 and 2026?
15. Where can I get free help in the Bay Area?
16. Questions people ask, Printables and Sources

Which option might fit me?

There are three main paths, and each one is for a different story. Many survivors fit more than one. Some fit none. A lawyer can look at all of them with you at once.

Some quick signs:

• The person who hurt you is a stranger, a boss, a landlord or a partner, and you reported it or could report it? Look first at the U visa.
• Someone made you work or have sex through force, fraud or threats, or by holding your papers or a debt over you? Look first at the T visa. Ask a lawyer too, because some trafficking is also a U visa crime.
• Your husband, wife, parent or adult son or daughter is a U.S. citizen or green card holder and abused you? Look first at VAWA. You file it yourself. The abuser does not have to help, sign or know.

If none of these fits, do not give up. A lawyer may see another path, such as asylum or a family petition. See Is there a path from DACA to a green card or citizenship? for other paths.

Who can get a U visa?

The U visa is for victims of certain serious crimes who were badly hurt and who help, or are willing to help, the police or other authorities. You can apply whether or not you have papers now.

USCIS lists five things you must show:

1. You are or were the victim of a qualifying crime. The law lists: 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; obstruction of justice; perjury; and fraud in foreign labor contracting. Attempt, conspiracy or solicitation to commit any of these counts, and so does any similar crime under federal, state or local law (8 U.S.C. 1101(a)(15)(U)(iii)). A lawyer can tell you if what happened to you fits.
2. You suffered substantial physical or mental abuse because of the crime.
3. You have information about the crime.
4. You have been, are being, or are likely to be helpful to law enforcement, a prosecutor, a judge or another authority investigating or prosecuting the crime.
5. You are admissible to the United States, or you get a waiver for any problem. See records and past problems.

The crime must have broken U.S. law or happened in the United States, including Indian country and military bases, or in U.S. territories.

Situations people are often in

• You were hurt by a partner and called the police. Domestic violence is on the list. The police report and the case number matter. Keep copies.
• You were hurt or threatened at work. Some crimes that happen at work are on the list, and some are not. Ask a lawyer whether what happened counts.
• You were a child when it happened. If you were under 16 when the crime first happened, a parent, guardian or "next friend" can do the helping for you.
• You cannot help because of a disability or because you are too hurt. The same rule lets a parent, guardian or next friend help in your place.
• Your family member was killed. If the direct victim died from murder or manslaughter, or cannot act for themselves, certain relatives can apply as "indirect victims." This can include a spouse and children under 21, and in some cases parents and unmarried brothers and sisters under 18.
• The crime was years ago. That alone does not stop you. In California, a certifying agency cannot say no only because the case is old or closed. See the next section.

What "helpful" means

Nobody has to be convicted. In California, you are presumed helpful unless you refused or failed to give information and help that law enforcement reasonably asked for. So be ready to answer reasonable questions. Talk with a lawyer before you talk with police about an old case, so you know what to expect.

How does U visa certification work?

A U visa needs a signed form from an official who worked on the crime. That form is Form I-918, Supplement B. It says you were a victim of a qualifying crime and that you have been, are or are likely to be helpful. Without it, USCIS cannot approve a U visa.

Who can sign: a federal, state or local law enforcement agency, a prosecutor, a judge, or another authority that investigates or prosecutes crimes. The head of the agency signs, or a supervisor named to do it. A judge can sign too.

The 6 month rule: the signed Supplement B must be signed within the 6 months right before you file your Form I-918. Plan your filing so it does not expire.

California gives you strong rules

California Penal Code section 679.10 says, in plain terms:

• Many agencies can certify. Police and sheriffs, school and university police, district attorneys, judges, and agencies that investigate crimes in their area, such as child protective services, the Civil Rights Department and the Department of Industrial Relations.
• You are presumed helpful. The agency must treat you as helpful unless you refused or failed to give information and help that law enforcement reasonably asked for.
• No charges or conviction are needed. You can ask for and get certification even if no one was arrested, charged or convicted, and even if the case is closed. The agency cannot refuse only because the case was already prosecuted or closed, or because the time limit to charge has run.
• Deadlines. The agency must process your request within 30 days. If you are in removal proceedings, it has 7 days after the first business day after it gets your request. There is also a 7 day rule in some cases where a family member would lose the chance to apply within 60 days because of age.
• Your status stays private. The agency may not share your immigration status, except to follow federal law or legal process, or if you say it can.

The same rules for T visa certification

California Penal Code 679.11 sets matching rules for the T visa form (Form I-914, Supplement B): 30 days to process a request, or 7 days after the first business day if you are in removal proceedings; cooperation is presumed unless you refused reasonable requests; the agency cannot refuse only because the case is closed; and it must send the form without asking for a government ID.

How to ask, step by step

1. Talk with a lawyer or accredited representative first. They often send the request for you. That is safer and usually faster.
2. Find the right agency. It is usually the police department that took the report, or the district attorney that handled the case. A family court judge who handled your restraining order may also be able to sign.
3. Send a written request. Include your name, date of birth, the case or report number, the date of the crime, and a short note asking for Form I-918 Supplement B. Attach a blank copy of the form. Keep a copy of everything you send and the date you sent it. Use the script below.
4. Watch the deadline. If 30 days pass with no answer, your lawyer can follow up and remind them of Penal Code 679.10.
5. If they say no, ask for the reason in writing. Your lawyer may ask a different agency that worked on the same crime, such as the district attorney instead of the police, or the judge.

What to bring to your lawyer: police reports, case numbers, restraining orders, court papers, medical records, photos, texts or letters from the abuser, and anything showing how you have helped.

Who can get a T visa?

The T visa is for survivors of human trafficking. The law calls it a "severe form of trafficking in persons" and defines it in 22 U.S.C. 7102(11) as either:

• Sex trafficking where a commercial sex act is caused by force, fraud or coercion, or where the person is under 18 (no force, fraud or coercion has to be shown for a minor), or
• Labor trafficking: recruiting, hiding, moving or obtaining a person for work or services through force, fraud or coercion, to hold them in involuntary servitude, peonage, debt bondage or slavery.

A lawyer can tell you whether what happened to you meets the legal definition. Only 5,000 T visas can go to main applicants each year, and family members do not count against that limit (8 U.S.C. 1184(o)).

USCIS says you must show:

1. You are or were a victim of a severe form of trafficking in persons.
2. You are in the United States, or at a port of entry, because of the trafficking. This includes being allowed in to help with an investigation or a court case.
3. You have complied with reasonable requests from law enforcement to help investigate or prosecute the trafficking. You do not have to meet this if you were under 18 when at least one act of trafficking happened, or if physical or psychological trauma keeps you from cooperating.
4. You would suffer extreme hardship involving unusual and severe harm if you were removed from the United States.
5. You are admissible, or you get a waiver with Form I-192.

Signs this may be trafficking

Ask a lawyer or the trafficking hotline if any of these happened to you:

• Someone took or kept your passport or ID so you could not leave.
• You were told you owed a debt that kept growing, and you had to work it off.
• You were threatened with harm, deportation or harm to your family if you quit or spoke up.
• You were not paid, or paid almost nothing, and could not leave.
• You were forced or tricked into sex for money, or someone else took the money.

You do not need a police signature

For a T visa, a signed law enforcement form (Form I-914, Supplement B) can help. It is not required. USCIS says you may send other evidence instead of or in addition to it, such as police reports or court papers, and your own statement.

The National Human Trafficking Hotline is 1-888-373-7888 (TTY 711), or text 233733. It is open 24/7 and can bring in an interpreter for more than 200 languages. It says it passes some tips on to authorities and that you can ask for help without giving your name. Ask how they handle what you share before you give details, or start with a local legal group below.

Who can file under VAWA?

VAWA lets some survivors of family abuse apply on their own, without the abuser. VAWA stands for the Violence Against Women Act.

You may be able to file a VAWA self petition (Form I-360) if you are:

• The spouse of a U.S. citizen or green card holder who abused you.
• The child of a U.S. citizen or green card holder who abused you.
• The parent of a U.S. citizen son or daughter who is 21 or older and abused you.

USCIS says you can file without the abuser's knowledge, consent or participation. The abuser does not get a copy and does not sign anything.

You will also need to show things like:

• The abuse. Battery (being hit or physically hurt) or extreme cruelty (threats, control, isolation, and other abuse that is not physical).
• You lived with the abuser at some point.
• Good moral character.

Spouses must also show they married in good faith, not only for papers. If things changed, you may still qualify under 8 U.S.C. 1154(a)(1) and the USCIS VAWA page:

• Divorced: file within 2 years of the divorce and show a connection between the divorce and the abuse.
• The citizen abuser died: file within 2 years of the death.
• The abuser lost or gave up status because of a domestic violence incident: file within 2 years.
• Abused child now over 21: you can file until 25 if the abuse was at least one central reason for the delay.

Your children. An abused spouse or child can include unmarried children under 21 on the petition. A parent abused by an adult child cannot include family members.

Evidence. The law says USCIS must consider "any credible evidence," so you do not need a police report.

Work and other help. If USCIS finds your case strong on its face when you file, it issues a Notice of Prima Facie Case, which can help with some public benefits. Once the I-360 is approved, you can apply for a work permit (you can request it on the I-360 itself), and USCIS may consider deferred action case by case.

Two other VAWA related paths

• You have a conditional green card through marriage to the abuser. You may be able to remove the conditions without the abuser by asking for an abuse waiver on Form I-751. USCIS has a special contact line for VAWA, T, U and I-751 abuse waiver cases.
• You are in immigration court. A form of relief called VAWA cancellation of removal may be open to some survivors of family abuse. Ask your lawyer about it. See Immigration court from start to finish.

Is it safe to apply?

Federal law gives survivors strong privacy protection, but it is not a shield against all enforcement. Both things are true. Here is what is real right now.

What the law protects

A federal law, 8 U.S.C. 1367, says:

• Your file is private. Officials at DHS (including USCIS and ICE), the Department of Justice and the State Department may not share information about a person who applied for a U visa, a T visa, or VAWA protection, except with sworn federal employees for official purposes and a few other exceptions in the law. This lasts until the case is denied and all appeals are over.
• The abuser cannot be the only source. The government may not decide you are deportable or inadmissible using only information from the abuser, the trafficker or the person who committed the crime. This protection does not apply if you have been convicted of certain crimes.
• Officials who break this rule can be disciplined and fined up to $5,000 for each willful violation.

What changed at ICE

In 2025, ICE replaced its older policy that had told officers to generally avoid enforcement against known victims who had applied for these benefits. The new interim policy, ICE Policy 11005.4, says:

• People who have these benefits, or have applied, may be subject to civil immigration enforcement.
• Before acting against someone ICE knows has applied, officers must check with ICE lawyers to make sure the action follows the law.
• Officers are no longer required to look for signs that a person is a crime victim.
• ICE staff still must not rely only on information from the abuser, and must keep protected information private.

What this means for you: filing does not make you safe from arrest. Not filing does not make you safer either. The right choice depends on your full story, your record and how strong your case is. That is exactly why a lawyer should look at it first.

Ways to protect yourself

• Use a safe mailing address. USCIS mails notices. If the abuser can see your mail, give a safe address, such as a trusted friend, a lawyer or a shelter. USCIS has special change of address steps for VAWA, T and U cases.
• Keep copies away from home. Leave a copy of your papers with your lawyer or a trusted person.
• Make a family plan. If you have children, see Make a family preparedness plan.
• Know your rights if agents come. See If immigration agents come and Red cards.

How do I apply, and what does it cost?

You file a paper application with USCIS, with proof of what happened and who you are. The main U visa and T visa forms cost nothing to file. A lawyer or accredited representative should put it together with you.

The main forms

Biometrics (fingerprints and photo) may be required, at no cost to you, for U and T applicants. Under the federal fee rule, 8 CFR 106.3, people seeking or granted U or T status are exempt from the fees for the I-192 waiver, the I-765 work permit, the I-131 travel permit and the I-485 green card application, among others. VAWA self petitioners and their children are exempt from the I-485, I-765, I-131, I-601 and I-601A fees.

Mailing addresses change. Always check the "Where to file" section of the form's USCIS page on the day you mail it. Use the newest form edition listed there.

Evidence that helps

• Your own signed statement. In your own words: what happened, when, how it hurt you, and what you did after. Your lawyer can help you write it.
• Proof of the crime or abuse. Police reports, restraining orders, court papers, medical records, counseling letters, photos, texts, emails and letters from witnesses.
• Proof of helpfulness (U visa) or cooperation (T visa), such as Supplement B, letters, or a record of meetings with police or prosecutors.
• For VAWA, proof of the relationship (marriage or birth certificate), the abuser's citizenship or green card, that you lived together, and good moral character, such as police clearance letters.
• Identity papers. Passport, birth certificate or other ID. Translations into English, with a translator's certification.

Mistakes to avoid

• Paying a notario or "immigration consultant." They cannot give legal advice. See Warning signs of an immigration scam.
• Letting Supplement B expire. It must be signed within 6 months before you file the U visa.
• Leaving things out. Tell your lawyer about every arrest, every past immigration filing, every trip out of the country and every name you have used. Surprises hurt cases.
• Using the abuser's address. Use a safe address instead.
• Sending one payment for several forms. If any form needs a fee, pay each fee separately.

Can my family be included?

Often, yes. Some family members can get status through your case. They are called "derivatives" or "qualifying family members."

U visa family members do not have to prove helpfulness or abuse. You file Form I-918 Supplement A for each one.

• If you are 21 or older: your spouse and your unmarried children under 21.
• If you are under 21: your spouse, your unmarried children under 21, your parents, and your unmarried brothers and sisters under 18.

T visa family members: you file Form I-914 Supplement A. At any age, you may apply for your parents, your unmarried brothers and sisters under 18, and the children of your family members who get T status, if they are in present danger of retaliation because you escaped or helped the authorities. Other family members can apply based on your age. Ask your lawyer which rules fit you.

VAWA: an abused spouse or child can include unmarried children under 21 on the self petition, even if the abuser did not hurt them. A parent abused by an adult child cannot include family members (USCIS).

Family members living outside the United States go through a U.S. consulate after approval. Family members living in the U.S. file their own work permit request.

What happens after I file?

You wait, and the wait is long. Most survivors wait years for a final answer. Here is what usually happens along the way.

1. Receipt notice. USCIS mails a receipt. Keep it safe. It has your receipt number, which you use to check your case at Case Status Online.
2. Biometrics appointment. You go to a USCIS office for fingerprints and a photo.
3. Possible request for more evidence. If USCIS asks for more, answer by the deadline. Missing it can sink your case.
4. A first look. For some cases, USCIS gives a first decision before the final one:
   • U visa. The USCIS Policy Manual describes a "bona fide determination." If your petition is complete (signed Supplement B, personal statement, fingerprints and background checks) and you are not seen as a public safety risk, USCIS can give deferred action and a work permit for 4 years before a final decision. Some arrests or convictions send a case to the slower full review instead. The National Immigration Law Center reports that the May 2026 deferred action policy may make this harder. Ask your lawyer where your case stands.
   • T visa. Since August 28, 2024, USCIS uses a newer bona fide determination process. If your T application is found bona fide, you may get deferred action and can ask for a work permit using Form I-765 under category (c)(40).
   • VAWA. USCIS may issue a Notice of Prima Facie Case soon after filing. A work permit comes after the I-360 is approved. Ask your lawyer what to expect.
5. The U visa waiting list. Only 10,000 U visas can go to main applicants each year. If you qualify but no visa is left, USCIS puts you on a waiting list and sends you written notice. The rules say USCIS will give deferred action or parole to people on the waiting list and their qualifying family members, and may give work permits. A 2026 policy change (see below) says USCIS can still use its discretion.
6. Decision. If approved, U and T status usually last 4 years. Both let you live and work in the United States. T principal applicants get a work permit with the approval. Family members in the U.S. ask for one on Form I-765.

Check current wait times at USCIS processing times. Pick the form and the office on your receipt.

What to do while you wait:

• Keep your address current with USCIS every time you move, using the special VAWA, T and U steps.
• Keep helping the authorities when they reasonably ask (U and T).
• Stay out of trouble with the law. A new arrest can hurt you.
• Do not leave the United States without talking to your lawyer first.
• Save every letter from USCIS in one folder.

What if I have a record or past immigration problems?

You may still qualify. U and T applicants can ask USCIS to forgive many problems that would usually block a visa, using Form I-192. VAWA has its own rules.

• Form I-192 is the waiver form. Its fee is $1,100, but people seeking U or T status are exempt from it under 8 CFR 106.3.
• What a U waiver can cover. Under 8 CFR 212.17, USCIS can waive every ground except one narrow group (participation in Nazi persecution, genocide, torture or killings) if it is in the public or national interest. For violent or dangerous crimes, it will grant a waiver only in extraordinary circumstances. T waivers have their own rules. USCIS decides each case.
• Criminal records matter a lot. Get your full record before you file. See How to get a copy of your criminal record in California and Ways to fix an old California conviction.
• The privacy law has a limit. The rule against using only the abuser's information does not protect people convicted of certain crimes.

Tell your lawyer the whole truth. They can only protect you from what they know.

What if I am in immigration court or detained?

You can still apply, and you should tell your lawyer right away. Filing with USCIS does not end your court case.

• Tell the court. Your lawyer can ask the judge for more time while USCIS decides. The judge decides whether to give it.
• Ask the certifying agency to hurry. Under California law, if you are in removal proceedings, the agency has 7 days after the first business day after it gets your request to process your U visa certification. Tell them you are in proceedings.
• Keep going to every hearing. Missing court can lead to an order of removal. See Immigration court from start to finish.
• VAWA cancellation of removal may be open to some survivors of family abuse in court.
• If someone is detained, see When a loved one is detained and How to find a family member detained by ICE.

Detained survivors can get help from legal groups on the Free legal help in the Bay Area page. Ask: "Do you take detained survivor cases?"

How do I stay safe while my case is pending?

Your safety comes before any form. An immigration case takes years. Protection from the person who hurt you can start this week.

• In danger right now: call 911.
• Talk to someone any time: National Domestic Violence Hotline, 800-799-7233, or text START to 88788. RAINN National Sexual Assault Hotline, 800-656-4673, or text HOPE to 64673. National Human Trafficking Hotline, 1-888-373-7888, or text 233733. All are open 24/7.
• Local help in San Mateo County: CORA, 24 hour hotline 800-300-1080.
• Local help in Santa Clara County: Next Door Solutions, 408-279-2962, and YWCA Golden Gate Silicon Valley, 800-572-2782, both 24/7.
• A restraining order. In California there is no court fee for a domestic violence restraining order, and you do not need a lawyer. A judge decides on a temporary order the same day or by the next business day. A restraining order can also be useful evidence for your immigration case. See How do I get a restraining order?
• Help paying costs after a crime. The California Victim Compensation Board (CalVCB) can pay back some costs, such as counseling, medical care and moving. U.S. citizenship is not required. Call 800-777-9229 or visit victims.ca.gov.
• Keep your job safe. Legal Aid at Work's Project SURVIVE Helpline, 888-864-8335, gives free legal advice to survivors of domestic violence, sexual assault and stalking who need time off or changes at work. Free for people who meet its eligibility rules.
• Care for your heart. What you went through is heavy. See Mental health care without fear.

If you are thinking about suicide or are in crisis, call or text 988, the 988 Suicide and Crisis Lifeline.

Make a safety plan with an advocate. Our safety plan printable is a place to start.

Can I get a green card later?

Yes, all three paths can lead to a green card. Each has its own timing.

• U visa: after 3 years of continuous physical presence in the United States in U status, you may apply for a green card on Form I-485, if you meet the other rules.
• T visa: after 3 years of continuous physical presence since you were admitted in T status, or sooner if the investigation or prosecution is complete, whichever comes first. USCIS says T applicants and T nonimmigrants do not pay fees for any forms through the green card application.
• VAWA: an approved VAWA self petition is a path to a green card. When you can apply depends on whether the abuser is a U.S. citizen or a green card holder. Ask your lawyer about your timing.

Public charge does not apply. Green card applicants based on a U visa, a T visa or VAWA are exempt from the public charge test. Using benefits such as Medi-Cal or CalFresh does not count against them for that reason. See Will using benefits like CalFresh hurt my immigration case?

School help. T and U visa holders can qualify for in state tuition under AB 540, and students with a U visa who meet the rules can apply for the CA Dream Act. See Paying for college in California and How to apply for the CA Dream Act.

Later, citizenship. Once you have had a green card for long enough, you may be able to become a citizen. See Documents you need to apply for citizenship.

What changed in 2025 and 2026?

The protections in the law are the same. How agencies use their discretion has changed. Here is what we could confirm.

• 2025: ICE changed its policy on victims. ICE Policy 11005.4 replaced the 2021 directive on a "victim centered approach." People with pending or approved U, T or VAWA cases may be subject to civil immigration enforcement. Officers must check with ICE lawyers first when they know someone has applied. The privacy law, 8 U.S.C. 1367, still applies.
• May 8, 2026: USCIS narrowed deferred action. USCIS Policy Alert PA-2026-01, "Deferred Action as an Extraordinary Use of Prosecutorial Discretion," says deferred action is given only in extraordinary circumstances, case by case, and not to groups. Immigrant rights groups such as the National Immigration Law Center say this may make it harder to get or keep deferred action while waiting on a U visa, a T visa or VAWA, even though the U visa waiting list rule is written in federal regulations. Ask your lawyer what it means for your case.
• August 28, 2024, still in effect: a new T visa process. A modified bona fide determination process for T visa applicants began on this date. It can bring deferred action and a work permit while the case is pending.
• 2027: CalVCB rule changes. New CalVCB regulations take effect January 1, 2027. Check victims.ca.gov before you apply.

Rules are moving fast. If you read something online about a big change, ask a lawyer or accredited representative before you act on it.

Where can I get free help in the Bay Area?

These groups help survivors with immigration cases. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

For survivors in particular

• Community Legal Services in East Palo Alto (CLSEPA): helps survivors with VAWA and U visa cases, plus deportation defense. Only for low income residents of San Mateo and Santa Clara counties. (650) 326-6440. Walk ins Monday to Friday, 9 a.m. to 1 p.m., at 1861 Bay Road, East Palo Alto. clsepa.org
• Bay Area Legal Aid: immigration help for survivors, including VAWA, U visas, T visas and green cards for survivors. Advice line 1-800-551-5554. San Mateo County (650) 472-2666, Santa Clara County (408) 850-7066. Free to people with low income who qualify. Domestic violence survivors may need a referral. baylegal.org
• Tahirih Justice Center, Bay Area: free legal services for immigrant women and girls fleeing violence in California. 1-866-575-0071, Monday to Friday, 9 to 5. No walk ins. tahirih.org

Other immigration legal help

• Immigration Institute of the Bay Area, Redwood City: (650) 587-1558, by appointment. First consultation free.
• Asian Law Alliance, San Jose: free or low cost immigration services. (408) 287-9710.
• SIREN, San Jose: (408) 453-3003. No walk ins.
• Santa Clara County Office of Immigrant Relations keeps a list of legal service providers by topic: desj.santaclaracounty.gov/oir/legal-services.
• San Mateo County Immigrant Services: (650) 363-4194, smcgov.org/ceo/immigrant-services.
• Find more: ImmigrationLawHelp.org searches by zip code.

For your safety and your court case

• CORA (San Mateo County): 800-300-1080, 24 hours.
• Next Door Solutions (Santa Clara County): 408-279-2962, 24/7.
• YWCA Golden Gate Silicon Valley: 800-572-2782, 24/7 bilingual support line.
• Restraining order help: San Mateo County, Bay Area Legal Aid restraining order clinic, (650) 358-0745. Santa Clara County, Restraining Order Help Center, (408) 534-5600.

Check anyone you hire. A lawyer must be licensed. A DOJ accredited representative must work for a recognized nonprofit. See How to find a lawyer you can trust and Free legal help in the Bay Area.

Questions people ask

Do I need papers to apply? No. These paths are made for people who may not have status. Many applicants entered without papers or overstayed. A waiver on Form I-192 can cover many problems for U and T applicants.

Does the person who hurt me have to be arrested or convicted? No. For a U visa, you need a signed certification, not a conviction. In California, an agency cannot refuse certification only because no one was charged, the case is closed, or time to charge has run.

Will the abuser find out I applied? For VAWA, you file without the abuser's knowledge. For all three, federal law bars officials from sharing information about your application, with narrow exceptions. But a criminal case against them is a different matter, and they may learn you spoke to police. Plan for safety with an advocate.

How much does it cost? The main forms for the U visa (I-918), T visa (I-914) and VAWA (I-360) cost $0 to file with USCIS. U and T applicants are also exempt from the I-192 waiver fee and the work permit and green card fees, and VAWA self petitioners are exempt from the green card and work permit fees. Medical exams and lawyers charge their own fees. Free legal help is listed above.

How long will it take? Plan for a long wait. The U visa has a cap of 10,000 a year for main applicants, so qualified people go on a waiting list (8 CFR 214.14(d)). Check USCIS processing times for your form and office before you plan.

Can I work while I wait? Sometimes. T applicants found bona fide can ask for a work permit under category (c)(40). U petitioners on the waiting list may get work permits. Once your U or T status is approved, you can work. Ask your lawyer what fits your case.

The crime happened years ago. Is it too late? Not by itself. You still need certification, and California says an agency cannot refuse only because the case was closed or the time to charge has run. Talk with a lawyer about your timing.

Can I apply if the crime happened in another country? For a U visa, the crime must have broken U.S. law or happened in the United States or its territories. For a T visa, you must be in the U.S. because of the trafficking. A lawyer can tell you if your story fits.

My abuser is not a citizen or green card holder. Can I use VAWA? No. VAWA self petitions are only for family of U.S. citizens or green card holders. But you may still qualify for a U visa if the abuse was a crime and you help or are willing to help the authorities.

Can I bring my children? Often, yes. Your children can be included as family members in many U and T cases. For VAWA, ask your lawyer. See Can my family be included?

What if ICE stops me while my case is pending? Stay calm. Say you have a pending U visa, T visa or VAWA case and show your receipt notice. Ask to speak with your lawyer. You have the right to stay silent. ICE's 2025 policy says officers must check with ICE lawyers before acting against someone they know has applied, but it does not promise you will not be detained. See If immigration agents come.

Is DNLH able to fill out my forms? No. DNLH is not a law office and cannot give legal advice or file for you. Please use the free legal groups above, and watch out for immigration scams.

My survivor case checklist

Print this and bring it to your first legal appointment. Keep it somewhere the abuser cannot find it.

Asking for U visa certification

Your lawyer will usually send this request. If you are asking yourself, or getting ready to talk with them, use this as a guide.

You survived something that should never have happened. Asking for protection is not asking for a favor. It is using a right the law made for you. Take one step today, and let others walk beside you.