How Does a T Visas Help People Fleeing Human Trafficking?
Pathway to U.S. Permanent Residency Through the T-Visa Process
The T Visa is a U.S. nonimmigrant visa designed to provide protection to victims of human trafficking. It allows victims to remain in the United States if they assist law enforcement in the investigation or prosecution of human trafficking cases, or if returning to their home country poses a risk to their safety
Here’s a detailed overview of T Visa, eligibility, and the application process:
Information on the T Visa Process
Key Features of the T Visa
- Purpose: Protect victims of trafficking and support law enforcement efforts against traffickers.
- Eligibility for Work: T Visa holders are authorized to work in the U.S.
- Path to Green Card: Eligible for permanent residency after three years.
- Family Benefits: Certain family members of the T Visa applicant may also qualify for derivative visas.
Eligibility for T Visa
To qualify for a T Visa, you must meet the following criteria:
- Victim of a Severe Form of Human Trafficking:
- Trafficking involves the use of force, fraud, or coercion for labor or sexual exploitation.
- For minors, proof of force, fraud, or coercion is not required for sexual exploitation.
- Physical Presence in the U.S.:
- Must be in the U.S., American territories, or a port of entry as a result of trafficking.
- Compliance with Law Enforcement:
- Must assist law enforcement in investigating or prosecuting the trafficking, unless the victim is under 18 or unable to cooperate due to trauma.
- Risk of Extreme Hardship:
- Returning to the home country must pose a risk of extreme hardship involving severe harm or retaliation.
- Admissibility to the U.S.:
- Applicants must be admissible or apply for a waiver of inadmissibility.
Application Process When Applying for a T Visa
STEP 1: File Form I-914
STEP 2: Provide Evidence of Trafficking
STEP 2: Provide Evidence of Trafficking
- Complete Form I-914, Application for T Nonimmigrant Status, with supporting documentation.
STEP 2: Provide Evidence of Trafficking
STEP 2: Provide Evidence of Trafficking
STEP 2: Provide Evidence of Trafficking
- Submit detailed accounts of trafficking experiences, including evidence such as affidavits, police reports, medical records, or letters from social service organizations.
STEP 3: Law Enforcement Certification (Optional)
STEP 3: Law Enforcement Certification (Optional)
STEP 3: Law Enforcement Certification (Optional)
- Form I-914, Supplement B, can be submitted to show law enforcement’s acknowledgment of the applicant’s cooperation.
- This form is not mandatory but strengthens the application.
STEP 4: Waiver of Inadmissibility (If Needed)
STEP 3: Law Enforcement Certification (Optional)
STEP 3: Law Enforcement Certification (Optional)
- File Form I-192 to waive certain grounds of inadmissibility, such as unlawful presence or criminal history.
Are There Benefits for Applying for a T Visa?
Obtain Permanent Residency in the U.S.
A T Visa provides significant benefits to victims of human trafficking, including the ability to legally remain in the United States for up to four years, obtain employment authorization, access to federal and state benefits, a pathway to permanent residency after three years, and the ability to bring certain family members to the U.S. as derivative beneficiaries; essentially allowing them to live and work in the country while assisting law enforcement in investigations and prosecutions of human trafficking cases.
- Duration of Stay:
- T Visas are granted for up to 4 years, with possible extensions.
- Work Authorization:
- Applicants are eligible for an Employment Authorization Document (EAD) upon approval.
- Derivative Visas for Family Members:
- Immediate family members (spouse, children, parents, unmarried siblings under 18) can apply for derivative T Visas.
- Path to Permanent Residency:
- After 3 years of continuous presence in the U.S. (or earlier if the investigation concludes), T Visa holders can apply for a green card.
- Access to Public Benefits:
- Eligibility for certain public benefits, such as housing, food assistance, and healthcare.
These benefits aim to provide safety, stability, and opportunities for individuals fleeing persecution and violence in their home countries.
Including Family Members on Your T Visa Application
Derivative T Visas
Eligible family members can apply for derivative T Visas under specific circumstances:
- Spouse (T-2).
- Children (T-3).
- Parents (T-4): If the applicant is under 21.
- Unmarried Siblings Under 18 (T-5): If the applicant is under 21.
Are There Any Challenges to Consider?
Key Factors to Remember during the T Visa Process
The main challenges of obtaining a T visa, designed for victims of human trafficking, include: difficulty gathering sufficient evidence to prove trafficking, the traumatic experience of reliving events during the application process, fear of retaliation from traffickers by reporting to law enforcement, language barriers, cultural differences, and long processing times which can leave victims in a vulnerable state while waiting for a decision; often requiring legal representation to navigate the complexities of the application process.
- Burden of Proof: Applicants must provide detailed and credible evidence of their trafficking experience.
- Trauma Sensitivity: Victims often face difficulties recounting their experiences due to emotional trauma.
- Admissibility: Grounds of inadmissibility may complicate applications, though waivers are available.
Additional T Visa Information You Should Know
Renewals and Extensions
- Extensions are possible for ongoing law enforcement investigations or other compelling reasons.
Law Enforcement and Victim Protection
Law enforcement agencies, such as the FBI, local police, and ICE, play a critical role in identifying trafficking victims and providing certifications. However, certification is not mandatory for a T Visa application.
Begin The Process to Free You from Human Trafficking Now
Our T Visa Experts Are Ready to Assist You
A T Visa is a way to slow down or stop deportation, and live and work legally in the U.S. If you receive a T Visa, after a few years you can apply for a green card (permanent residency). A victim’s parents, siblings, and children can qualify for a T visa too. Let the T Visa process experts here at New Path Group Services assists you from the oppression you are escaping from.