T-Visa: Providing Support for Human Trafficking Victims
The T-Visa, or T-Nonimmigrant Status, is a critical lifeline for victims of human trafficking who seek protection and assistance in the United States. This specialized visa allows eligible individuals to remain in the country for a designated period, providing access to essential services and resources for recovery and rehabilitation. It also offers the possibility of attaining lawful permanent residence in the future.
Enacted as part of the Victims of Trafficking and Violence Protection Act of 2000, the T-Visa was designed to combat human trafficking and provide crucial support to survivors by offering a path to safety and stability.
Eligibility Criteria for T-Visa Applicants
To qualify for T-Nonimmigrant Status, applicants must meet the following requirements:
- Be a victim of a severe form of human trafficking+, which includes both sex and labor trafficking.**
- Be physically present in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry due to trafficking.**
- Suffer extreme hardship involving unusual and severe harm if removed from the United States.**
- Comply with any reasonable request for assistance in the investigation or prosecution of human trafficking unless under the age of 18 or unable to cooperate due to trauma.**
+Per federal law, “severe form of trafficking in persons” is defined either as:
- Sex trafficking: When someone recruits, harbors, transports, provides, solicits, patronizes, or obtains 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 act is under 18 years of age; or**
- Labor trafficking: When someone recruits, harbors, transports, provides, or obtains a person for labor or services through the use of force, fraud, or coercion for the purpose of involuntary servitude, peonage, debt bondage, or slavery.**
**Federal requirement courtesy of USCIS.
Application Process for T-Visa
Navigating the process for obtaining T-Nonimmigrant Status can be challenging; however, with proper guidance and support from an experienced immigration attorney, eligible individuals can successfully complete each step and secure the protection they need.
It is essential for victims and their advocates to understand the requirements and procedures, ensuring a smooth application experience and increasing the likelihood of a favorable outcome.
- Prepare the necessary forms and documentation: Applicants must submit Form I-914, Application for T Nonimmigrant Status, and a personal statement detailing their trafficking experience. Supporting evidence, such as police reports or medical records, should also be included.
- File the application: Submit the completed Form I-914 and supporting documents to U.S. Citizenship and Immigration Services (USCIS). There is no fee for filing.
- Adjudication: The USCIS will evaluate the submitted application and verify if the applicant fulfills the necessary qualifications for T-Nonimmigrant Status. This may involve an interview.
- Notification of decision: USCIS will notify the applicant of their decision. If approved, the applicant will receive T-Nonimmigrant Status, which is valid for up to four years.
Benefits and Limitations of T-Visa Status
T-Visa recipients enjoy several benefits, such as:
- Permission to reside and be employed in the United States lawfully for a duration of up to four years.
- Eligibility for federal and state public benefits, including medical assistance, food stamps, and housing assistance.
- Access to specialized support services for victims of human trafficking.
While T-Visa holders enjoy numerous benefits, there are certain restrictions in place.
- One limitation is that they cannot bring immediate family members to the United States unless those family members qualify for derivative T-Nonimmigrant Status. This restriction ensures that the program focuses on assisting the primary victims while still offering a pathway for eligible family members to join them in the United States.
- Another constraint is the cap on T-Visa status, which is limited to 5,000 principal applicants per fiscal year. This cap aims to maintain the program’s effectiveness by ensuring the availability of resources for survivors. However, the cap does not apply to transitioning from T-Visa to Lawful Permanent Residence.
Transitioning from T-Visa to Lawful Permanent Residence
After three years in T-Nonimmigrant Status or upon the completion of the investigation or prosecution of the trafficking crime, T-Visa holders may be eligible to apply for lawful permanent residence (a green card). This transition offers victims the opportunity to establish a more permanent life in the United States and continue their path to healing and self-sufficiency.
To achieve this, they need to fulfill the following requirements:
- Maintain a continuous physical presence in the United States during the required period.
- Be admissible to the United States as an immigrant.
- Demonstrate good moral character.
- Maintain compliance with any reasonable requests for assistance in investigating or prosecuting human trafficking.
- Establish that removal from the United States would result in extreme hardship.
Applicants must submit Form I-485, Application to Register Permanent Residence or Adjust Status, and supporting documentation to USCIS. The applicant will receive lawful permanent resident status upon approval, granting them additional rights and protections under U.S. law.
Contact Francis Law Center for Assistance with Your T Visa Process
The T-Visa is a vital safeguard and source of assistance for individuals who have experienced human trafficking within the United States. By understanding the eligibility criteria, the application process, benefits, limitations, and the path to lawful permanent residence, victims can take full advantage of the opportunities provided by T-Nonimmigrant Status to rebuild their lives and regain their freedom.
Should you or someone you care about be a survivor of human trafficking and require guidance in managing the T-Visa application procedure, the Francis Law Center is ready to offer support. Our experienced immigration attorneys are dedicated to providing compassionate and comprehensive legal support to guide you through each step.
Contact our experienced immigration team at 866-868-1596 or via our online contact form to schedule a consultation and take the important first step towards a brighter future.
