Immigration Protections for Victims

Many immigrants are fearful of admitting that they have been a victim of a crime in part because they believe they will be removed (deported) from the United States if they report the crime. U.S. law provides several protections for legal and undocumented immigrants who have been victims of a crime. There are specific protections for victims of domestic violence, victims of certain crimes, and victims of human trafficking.

For  information and links to many more resources for victims who are non-citizens, see this on-line brochure: 

Resources for Victims/Survivors
Recursos Para Victimas/Sobrevivientes

For legal assistance related to immigration status, contact the Northwest Immigrant Rights Project at their website, or by calling 1-800-445-5771.

U Nonimmigrant Status

U nonimmigrant status (or U visa) offers immigration protection for victims and is also a tool for law enforcement. To obtain U status, the victim must obtain a certification from law enforcement. The Island County Prosecutor is a Certifying Officer for U Visa applications in Island County. However, providing a certification does not grant a victim a U Visa — only U.S. Customs and Immigration Services (USCIS) has the authority to grant or deny this benefit.  

Victims are not required to be in legal immigration status, but they must: 

• Be a victim of qualifying criminal activity and have suffered substantial physical or mental abuse as a result of the crime,
• Possess credible and reliable information about the qualifying criminal activity,
• Be, have been, or are likely to be helpful to the investigation and/or prosecution of that qualifying criminal activity, and 
• Be a victim of criminal activity that violated a U.S. law.

To apply for a U Visa, the victim must file Form I-918, Petition for U Nonimmigrant Status. Victims of crimes in Island County should submit Form I-918 Supplement B to the Island County Prosecutor by mail, or email to the ICProsecutor@islandcountywa.gov for certification. The prosecutor will review the form, and decide whether to certify that the victim is meets the criteria described above.

The Form I-918, and required supplements and instructions can be found at the

Qualifying family members may also be eligible to apply for benefits.

T Nonimmigrant Status 

Trafficking in persons — also known as “human trafficking” — is a form of modern-day slavery. Traffickers prey on many types of people, often including individuals who are poor, unemployed, underemployed, or who lack the safety and protection of strong social networks. Victims are often lured under the false pretenses of good jobs and better lives, and then forced to work under brutal and inhumane conditions. Many believe that human trafficking is a problem that only occurs in other countries — but human trafficking also happens in the United States. The T nonimmigrant status (or T Visa) provides immigration protection to victims of severe forms of trafficking in persons who assist law enforcement in the investigation and prosecution of human trafficking cases.

Victims are not required to be in legal immigration status, but they must: 

• Have been a victim of a severe form of human trafficking in persons;
• Be present in the United States as a result of being a victim of human trafficking;
• Cooperate with law enforcement in the investigation or prosecution of the trafficking crime, unless under age 18; and  
• Would suffer extreme hardship upon removal from the United States.

To apply for a T Visa, the victim or a family member must file Form I-914, Petition for T Nonimmigrant Status.  Victims of human trafficking in Island County should submit Form I-914 Supplement B to the Island County Prosecutor by mail, or email, at ICProsecutor@islandcountywa.gov for certification. The Prosecutor will review the form, and decide whether to certify that the victim is meets the criteria described above.

The Form I-914, and required supplements and instructions can be found at the USCIS Forms - I-914 page.

Violence Against Women Act (VAWA)

Victims of domestic violence who are the child, parent, or current/former spouse of a United States citizen or a permanent resident (green card holder) and are abused by the citizen or permanent resident may be eligible to apply for a green card themselves without needing the abuser to file for immigration benefits on their behalf.This provision of the law was created under theViolence Against Women Act (VAWA).  VAWA applies equally to men and women.  

Victims of domestic violence, whether a spouse, child, or parent of the abuser, may self-petition by filing Form I-360, Petition for Widow(er)s, Amerasians, and Special Immigrants. This form is available on U.S. Customs and Immigration Service's (USCIS) website, www.uscis.gov.