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WHAT IS A T VISA AND DO YOU QUALIFY? Casas Immigration , Ltd. visas, Temporary Status, Citizenship

WHAT IS A T VISA AND DO YOU QUALIFY?

What is the T Visa?
A T visa is a nonimmigrant visa specifically designed to provide immigration protection to victims of various forms of human trafficking. This visa allows victims to stay in the United States and build a new life free from the threat of further exploitation. The T visa is part of the U.S. government’s efforts to combat human trafficking and provide support and protection to those who have been victimized. You are not alone, we are here to help you every step of the immigration process.

Key factors that determine eligibility for a T visa:

  1. Victim of Human Trafficking: The applicant must be a victim of a form of human trafficking, which includes situations involving force, fraud, or coercion for the purpose of involuntary servitude, debt bondage, or commercial sexual exploitation. Some examples might include:
    1. being forced to work for little or no pay and being threatened with deportation if you leave the job; or
    2. being forced to cook, clean, and serve as a “maid” for your significant other, while being threatened with deportation or other harm if you leave.
  2. Compliance with Law Enforcement: The applicant must have complied with any reasonable request for assistance in the investigation or prosecution of human trafficking unless they are under the age of 18 or are unable to cooperate due to physical or psychological trauma.
  3. Physical Presence in the United States: Victims must be physically present in the United States, American Samoa, or a U.S. port of entry as a direct result of the trafficking.
  4. Admissibility: The applicant must be admissible to the United States or be granted a waiver of any grounds of inadmissibility.
  5. Extreme Hardship: The victim must demonstrate that they would face extreme hardship involving unusual and severe harm if they were to return to their home country.

It’s important to note that the T visa application process involves gathering evidence and documentation to support each of these eligibility criteria. This may include police reports, medical records, affidavits, and other forms of evidence that establish the individual’s status as a victim of human trafficking. Consult with our immigration attorney, so we can guide you through the entire process.

Application Process:

  • Filing a Petition: Victims or their representatives must file a Form I-914, Application for T Nonimmigrant Status, with supporting documentation to establish eligibility.
  • Law Enforcement Certification: Applicants may (but are not required) to obtain a law enforcement certification, which attests that they are victims of a severe form of trafficking and have been helpful in the investigation or prosecution of the case.
  • USCIS Adjudication: U.S. Citizenship and Immigration Services (USCIS) will review the application, conduct background checks, and make a determination on the T visa eligibility.

Benefits of the T Visa

Temporary Immigration Status
The T visa provides a four-year period of temporary immigration status to survivors of human trafficking.

Work Authorization
T visa holders are eligible to work in the United States and can apply for employment authorization.

Path to the Green Card
After three years of continuous presence in the U.S. under T visa status, beneficiaries may be eligible to apply for lawful permanent residency (green card).

Family Reunification
T visa holders can petition for derivative T visas for certain family members, including spouses, children, and siblings.

The T visa is a crucial tool in the fight against human trafficking, offering victims an opportunity for safety, stability, and a chance to rebuild their lives. Understanding the application process and the benefits of the T visa is essential for those seeking protection and a new beginning in the United States.

If you or someone you know is a victim of human trafficking, contact us for guidance on the T visa application process. Remember, everyone deserves a chance at a life free from exploitation, and the T visa is a powerful step toward achieving that goal.