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T VISA
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T VISA
Human trafficking is a cruel and inhumane crime that affects millions of people worldwide. Victims of trafficking can be forced into labor in servitude, prostitution, or crime. They are often subjected to physical and sexual violence and may be deprived of their freedom.
WHAT IS THE T VISA?
The T Visa is a temporary immigration benefit that allows certain victims of severe forms of human trafficking to stay in the United States for an initial period of up to 4 years. To be eligible, victims must have cooperated with authorities in the detection, investigation, or prosecution of human trafficking, or qualify for a waiver. This visa is also available to certain family members of the victims.
BENEFITS OF THE T VISA
- Legal Stay in the United States: Victims can stay in the U.S. safely and legally while rebuilding their lives.
- Work Authorization: Allows legal employment in the U.S.
- Access to Benefits and Services: Victims can access federal and state benefits and services.
- Path to Permanent Residency: Those who qualify can adjust their status and become lawful permanent residents (obtain a Green Card).
- Protection from Deportation: Offers protection from deportation for victims of severe crimes.
- Access to Support Services: Includes legal, medical, and reintegration services.
- Opportunity to Participate in the Community: Allows contributing to the community as a legal resident.
DEFINITION OF "SEVERE FORM OF HUMAN TRAFFICKING"
Under federal law, a “severe form of human trafficking” includes:
- Sex Trafficking: When someone recruits, harbors, transports, provides, solicits, sponsors, or obtains a person for a commercial sex act induced by force, fraud, or coercion, or if the person induced to perform such an act is under 18 years old.
- Labor Trafficking: When someone recruits, harbors, transports, provides, or obtains a person for labor or services using force, fraud, or coercion for the purpose of involuntary servitude, peonage, debt bondage, or slavery.
HISTORY OF THE T VISA
Congress created this nonimmigrant status (commonly known as the T visa) in October 2000 as part of the Victims of Trafficking and Violence Protection Act. Human trafficking, also known as trafficking in persons, is a crime where traffickers use force, fraud, or coercion to compel individuals to provide labor or services, including commercial sex. Traffickers often prey on vulnerable individuals, including those lacking legal immigration status. T visas provide protection to survivors and enhance law enforcement agencies’ ability to detect, investigate, and prosecute human trafficking.
HOW TO APPLY
If you have been a victim of human trafficking or labor exploitation, you may be eligible for the T Visa. Our immigration attorneys can help you understand your options and prepare your application.