T Visa: A Guide to US Immigration Relief for Victims of Trafficking

Human trafficking is a heinous crime that operates on the principles of force, fraud, and coercion to exploit individuals for labor or sexual purposes. The US offers T visas to protect victims of such severe forms of trafficking. The T Visa is part of the Victims of Trafficking and Violence Protection Act (TVPA), a landmark legislation demonstrating our nation’s commitment to individuals who face extreme hardship due to trafficking.

At Andrew T. Thomas, Attorneys at Law, we are acutely aware of the suffering caused by this modern-day form of slavery, which includes both sex trafficking and labor trafficking. For us, it is not just about legal advice but ensuring protection and due care for trafficking victims. Our dedicated lawyers strive to support the victims throughout their recovery journey, diligently working to help them regain control of their lives and seek the justice they deserve.

Eligibility for the T Visa

Understanding the eligibility criteria for the T nonimmigrant status is crucial in providing our clients professional assistance. Eligibility for the T visa hinges on several critical criteria:

• Presence in the US as a result of trafficking.

• Compliance with reasonable requests to further assist law enforcement in investigations or prosecutions of trafficking cases.

• Victims of a severe form of trafficking, which can be sex or labor-related.

• Substantial risk of retribution or hardship if removed from the US.

Your cooperation with federal, state, or local law enforcement agencies is imperative for lawful immigration status unless you are exempt due to age or severe harm suffered.

Family members may also be eligible:

• For applicants under twenty-one years of age, parents, spouses, children, or unmarried siblings under 18 may be considered.

• For applicants over twenty-one, spouses and children are eligible for derivative status.

The US Citizenship and immigration services (USCIS) guidelines provide a pathway for individuals to adjust their status and obtain lawful permanent residence after certain conditions are met. This process, known as Adjustment of Status, allows eligible individuals to remain in the US while applying for lawful permanent residence.

To be eligible for Adjustment of Status, you must meet certain requirements. These include having a valid nonimmigrant visa status at the time of filing, being physically present in the US at the time of filing, and having entered the US legally with inspection by an immigration officer. You must also have a qualifying immigrant petition that has been approved by USCIS and have a visa number immediately available to you.

It is important to note that while you may be eligible for Adjustment of Status, it does not guarantee approval. The decision ultimately lies with USCIS and can be affected by various factors such as criminal history or previous immigration violations.

If your Adjustment of Status is approved, you will be granted lawful permanent residence in the US and receive a green card. This grants you the right to live and work in the US permanently. However, your status can be revoked if you fail to comply with immigration laws or commit any crimes that make you removable from the country.

Step-By-Step Guide to Applying for a T Visa

A T Visa application process involves several steps and close attention to detail. As experienced immigration attorneys, we are here to walk you through the application process.

1. Eligibility assessment: We assess if you qualify as a victim of severe human trafficking, cooperating with law enforcement when possible. This may involve providing police reports or affidavits. A certification from a law enforcement officer can bolster your case.
2. Completing the application: We guide you through filling out Form I-914, Application for T Nonimmigrant Status. Supplement A is also necessary for qualifying family members.
3. Additional documentation: In this step, you gather the required documentation to demonstrate eligibility. We help organize evidence of trafficking and personal statements. In some instances, a fee waiver might be applicable.
4. Applying: We send the complete application packet to the designated USCIS processing location.
5. Applying for employment authorization concurrently or subsequent to your T Visa application: As your work visa attorney, we can help apply for an Employment Authorization Document (EAD), commonly known as a work permit.
6. Follow-up and adjustment of status: After filing, we monitor your case, respond to requests from USCIS, and prepare for potential hurdles, such as issues with Form I-192 inadmissibility waivers. We also work with you to prepare an application to adjust your status.
7. Permanent residence: When certain conditions are met, such as complying with law enforcement investigations or prosecutions and admissibility, you can apply for lawful permanent residence.

An experienced T visa lawyer can guide you through the process and ensure that your application is thorough and meets all requirements. We understand the importance of being able to work and establish a stable life in the United States for T visa applicants, and we are dedicated to helping you achieve that goal.