Assistance with the visa allowing certain victims to remain and work temporarily in the U.S.
T visa cases involve a specialized immigration category in the United States designed to provide protection and legal immigration status to victims of human trafficking. The T visa is intended to assist individuals who have been trafficked into the U.S. or subjected to severe forms of trafficking while in the U.S. Here are key aspects of T visa cases:
To be eligible for a T visa, an individual must meet certain criteria:
1. Victim of Trafficking: The individual must be a victim of human trafficking, which includes situations where they were recruited, harbored, transported, or obtained for forced labor or commercial sexual exploitation through force, fraud, or coercion.
2. Physical Presence: The applicant must be physically present in the United States as a result of trafficking.
3. Cooperation: The individual must be willing to cooperate with law enforcement authorities in the investigation and prosecution of human trafficking cases, unless they are under 18 years old or unable to cooperate due to physical or psychological trauma.
4. Admissibility: The applicant must meet the admissibility requirements for entry into the United States or qualify for a waiver of certain grounds of inadmissibility.
To apply for a T visa, individuals must submit Form I-914, Application for T Nonimmigrant Status, to U.S. Citizenship and Immigration Services (USCIS). They may include eligible family members (spouse, children, parents, or unmarried siblings under 18) on their application.
Benefits of T Visa Status:
Legal Status: T visa recipients are granted legal nonimmigrant status in the United States, allowing them to live and work in the country temporarily.
Derivative Status: Eligible family members included in the T visa application can also receive T visa derivative status.
Work Authorization: T visa holders are eligible for employment authorization.
Access to Public Benefits: T visa holders may be eligible for certain public benefits and services.
Path to Permanent Residency: After holding T visa status for three years and meeting certain requirements, T visa holders may apply for lawful permanent residency (a green card).
U Visa vs. T Visa:
It's important to note that T visas are distinct from U visas. U visas are for victims of certain crimes who have suffered mental or physical abuse and are willing to assist law enforcement. T visas, on the other hand, are specifically for victims of human trafficking.
Confidentiality and Protections:
The T visa program includes protections to maintain the confidentiality of trafficking victims and their family members. Victims are provided with legal protections to prevent their deportation and are encouraged to come forward and report human trafficking.
T visa cases can be complex, as they involve sensitive legal and personal matters. Victims of human trafficking are often in vulnerable situations, and their safety and well-being are paramount. Legal assistance from an attorney experienced in immigration law and human trafficking issues is crucial to navigate the application process successfully and ensure that the victim's rights are protected throughout the T visa process.