A U Visa is for victims of qualifying violent crimes (such as assault or domestic violence) who cooperated with police or prosecutors. A T Visa is specifically for victims of human trafficking (labor or sex exploitation) and does not strictly require a formal law enforcement certification, though law enforcement cooperation is encouraged where reasonable.

It depends on the nature of the offense. If you have been convicted of certain crimes (such as a crime involving moral turpitude or a drug offense), USCIS may determine that you are inadmissible under criminal grounds (INA § 212(a)(2)) in addition to unlawful presence. Because Form I-601A only waives unlawful presence, having other grounds of inadmissibility makes you ineligible for I-601A relief. We evaluate court records before filing to determine whether a criminal waiver (Form I-601) or post-conviction relief is required first.

If your spouse entered the U.S. without inspection, they are generally barred from adjusting status inside the U.S. unless they qualify under INA § 245(i) or another exemption. However, many spouses can obtain a Green Card by applying for a Form I-601A Provisional Unlawful Presence Waiver while inside the U.S., and then completing Consular Processing abroad. We analyze your spouse’s entry history to determine the safest legal path.

No. Under INA § 212(a)(9)(B)(v), only a U.S. citizen or Lawful Permanent Resident spouse or parent qualifies as a statutory relative for unlawful presence waivers. However, if your citizen children have medical, educational, or emotional needs that directly increase the stress, financial burden, or hardship on your qualifying spouse or parent, that evidence can be included to strengthen the qualifying relative’s hardship claim.