Gavin Howe
Victims of human trafficking may be eligible for a T visa, which allows them to remain in the United States and assist in the detection, investigation, and prosecution of acts of trafficking. To be eligible for a T visa, victims must meet certain requirements, including cooperating with law enforcement and demonstrating that they would suffer extreme hardship if removed from the country. The T visa application process can be complex, and it is recommended that applicants seek legal assistance to avoid denial and potential removal proceedings. T visa holders may also be eligible for permanent residence after meeting certain conditions.
| Characteristics | Values |
|---|---|
| Who is eligible for a T-visa? | Victims of a severe form of trafficking in persons who help law enforcement in the detection, investigation, or prosecution of acts of trafficking. |
| What is human trafficking? | A crime in which traffickers use force, fraud, or coercion to compel forced labor or a commercial sex act, or when a victim induced to perform commercial sex is under the age of 18. |
| What is a severe form of trafficking in persons? | 1. Sex trafficking: recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act where the commercial sex act is induced by force, fraud, or coercion, or the person being induced to perform such an act is under 18 years of age. 2. Labor trafficking: recruitment, harboring, transportation, provision, or obtaining of a person for labor or services through the use of force, fraud, or coercion. |
| What is the benefit of a T-visa? | T nonimmigrants are eligible for employment authorization and certain federal and state benefits and services. T nonimmigrants may also be able to adjust their status and become lawful permanent residents (get a Green Card). |
| What is the process of obtaining a T-visa? | Victims must meet certain requirements and submit Form I-914, Application for T Nonimmigrant Status, including a personal statement describing the trafficking they are or were subjected to, and evidence to establish that they complied with any reasonable request for assistance from law enforcement, or that they qualify for an exception or exemption. |
| What is the difference between a T-visa and continued presence? | Continued Presence is a temporary permission to stay in the U.S., often for two years, and a work permit during that time. It is not a path to permanent residency or citizenship. A T-visa, on the other hand, can lead to permanent residency. |
| What is the role of an attorney in the process? | It is recommended to work with an attorney with experience in T-visa cases to avoid denial of the application and possible removal proceedings. An attorney can help gather the necessary forms and documentation to prove eligibility for the T-visa. |
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What You'll Learn
- Victims of trafficking by an intimate partner or relative may apply for a T-visa or VAWA self-petition
- T-visa requirements include cooperating with law enforcement
- T-visa holders are eligible for employment authorization and certain federal and state benefits
- T-visa holders may be eligible for permanent residence
- Continued Presence is a benefit that USCIS can grant to trafficking survivors
Victims of trafficking by an intimate partner or relative may apply for a T-visa or VAWA self-petition
Victims of human trafficking may be eligible for a T visa, which offers protection to victims and strengthens the ability of law enforcement agencies to detect, investigate, and prosecute human trafficking. The T visa provides immigration status to alien victims and allows them to remain in the United States to assist in the detection, investigation, or prosecution of acts of trafficking. Victims with approved T visas are also eligible for the same public benefits as refugees.
To qualify for a T visa, you must be a victim of trafficking and meet other requirements, including cooperating with law enforcement and being physically present in the United States or a U.S. territory due to human trafficking. Victims of trafficking by an intimate partner or relative may qualify for both a T visa and a VAWA self-petition, which provides a path to lawful immigration status for victims of domestic abuse who are close relatives of U.S. citizens or lawful permanent residents.
The VAWA, or Violence Against Women Act, allows victims of abuse to file for status on their own, without relying on their abusers. Qualifying relationships for a VAWA self-petition include being married to your trafficker, having a trafficker who is your parent, or having a trafficker who is your adult child. VAWA self-petitioners may be eligible for lawful permanent residence immediately upon approval, whereas those with a T visa must wait three years after approval to apply for permanent residence.
When deciding whether to apply for a T visa or a VAWA self-petition, victims should consider the potential benefits and drawbacks of each option. For example, while VAWA self-petitions often provide a faster route to a green card, they may be a slower route to a work permit. It is important to note that each case is unique, and victims should consult with an experienced immigration lawyer to determine the best option for their specific circumstances.
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T-visa requirements include cooperating with law enforcement
However, there are exceptions to this requirement. Minors under the age of 18 at the time of trafficking are not required to contact or cooperate with authorities, although they may choose to do so. Additionally, individuals who have suffered psychological or physical trauma may be unable to cooperate with law enforcement due to their trauma and may qualify for the "trauma exception".
It is important to note that the requirement focuses only on the applicant's willingness to assist law enforcement and does not depend on any particular outcome. For example, applicants are still eligible for a T-visa if they offer to share their story with the police but are never interviewed, or if the trafficker escapes arrest or is not found guilty.
T-visa applicants should also be aware that certain eligible family members may be eligible for T nonimmigrant status as well. This includes family members who are in present danger of retaliation because of the applicant's escape from trafficking or cooperation with law enforcement. By working with an attorney experienced in T-visa cases, applicants can ensure they meet the necessary requirements and avoid potential immigration court proceedings.
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T-visa holders are eligible for employment authorization and certain federal and state benefits
To apply for employment authorization, T-visa holders must complete Form I-765, Application for Employment Authorization. This form requires applicants to specify their eligibility category, which can be found in the form instructions and in section 274a.12, title 8 of the Code of Federal Regulations. T-visa holders may also be eligible for certain federal and state benefits and services, although the specific benefits are not explicitly stated.
In addition to employment authorization, T-visa holders may be eligible to adjust their status and become lawful permanent residents, commonly known as obtaining a Green Card. To qualify for a Green Card, T-visa holders must have been continuously physically present in the United States for three years after their initial admission as a T nonimmigrant. Alternatively, they must have been present during the investigation or prosecution of the trafficking case, whichever period ends earlier.
T-visa holders who obtain lawful permanent resident status are no longer required to apply for an EAD to work in the United States. Their Green Card serves as proof of their employment authorization. T-visa holders can, therefore, utilize the EAD to legally work in the United States while they work towards obtaining their Green Card and becoming lawful permanent residents.
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T-visa holders may be eligible for permanent residence
To be eligible for a T visa, victims of human trafficking must meet certain requirements. Firstly, they must contact a law enforcement agency about the trafficking and comply with any reasonable requests from the agency. However, if the victim was under 18 when the trafficking occurred, or they are unable to cooperate due to physical or psychological trauma, they may be excused from this requirement. Secondly, they must be physically present in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry because they were trafficked. Thirdly, they must show that they would suffer extreme hardship involving unusual and severe harm if they were removed from the United States. Lastly, they must provide evidence of the trafficking they were subjected to and their cooperation with law enforcement.
T-visa holders are eligible for employment authorization and certain federal and state benefits and services. They can also apply for derivative benefits for family members, including parents, unmarried siblings under 18, and children of any age or marital status. These benefits can include medical care, housing assistance, and victim assistance programs.
Overall, the T visa provides protection and an opportunity for victims of human trafficking to rebuild their lives in the U.S. while assisting law enforcement in the investigation and prosecution of human trafficking crimes.
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Continued Presence is a benefit that USCIS can grant to trafficking survivors
To be eligible for Continued Presence, individuals must meet certain requirements. They must be physically present in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry due to human trafficking. Additionally, they must demonstrate that they would suffer "extreme hardship involving unusual and severe harm" if removed from the country. Only federal law enforcement agencies, such as ICE or the FBI, can request Continued Presence for an individual.
During their time in the US under Continued Presence, survivors are eligible for employment authorization and can access federal services and benefits. This includes access to job training and employment assistance through initiatives like the DOL's American Job Centers. Continued Presence ensures that survivors can receive the services they need while also assisting law enforcement in their efforts to investigate and prosecute human trafficking cases.
While Continued Presence provides temporary relief and stability, it is not a long-term solution. Trafficking survivors who wish to remain in the US for an extended period should consider applying for a T visa. The T visa is a temporary immigration benefit that allows certain victims of severe forms of human trafficking to remain in the country for up to four years. To be eligible for a T visa, survivors must meet specific requirements, including cooperating with law enforcement and demonstrating that they would face extreme hardship if returned to their home country.
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