Obtaining a T Visa in the United States
A T Visa is a special non-immigrant visa designed for victims of severe forms of human trafficking. This visa allows victims to remain in the United States to assist in the investigation or prosecution of human trafficking cases.
Understanding the T Visa
The T Visa was established under the Trafficking Victims Protection Act. It aims to provide protection to victims of human trafficking and encourages them to assist law enforcement in the investigation and prosecution of trafficking crimes. This visa category is essential for safeguarding victims and seeking justice against traffickers.
Eligibility Criteria for a T Visa
To qualify for a T Visa, applicants must meet several criteria:
- Victim of Severe Trafficking: The applicant must be a victim of a severe form of trafficking in persons, which includes sex trafficking and labor trafficking.
- Physical Presence: The applicant must 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.
- Assistance to Law Enforcement: The applicant must comply 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.
- Extreme Hardship: The applicant must demonstrate that they would suffer extreme hardship involving unusual and severe harm if they were removed from the United States. Immigration attorneys are familiar with how to demonstrate extreme hardship to the U.S. Citizenship and Immigration Services (USCIS).
The Application Process for a T Visa
- Filing Form I-914: The primary step in the T Visa application process is filing Form I-914, Application for T Nonimmigrant Status. This form is submitted to the U.S. Citizenship and Immigration Services (USCIS).
- Supporting Evidence: Along with Form I-914, the applicant must submit various supporting documents:
- Personal Statement: A detailed personal statement explaining the trafficking situation and its impact. The assistance of an attorney in preparing the personal statement can increase your chances of approval of a T Visa.
- Law Enforcement Certification (Form I-914B): This form strengthens the application by providing evidence of the applicant’s cooperation with law enforcement. An attorney can be of much help in obtaining this important document.
- Evidence of Presence in the U.S. due to Trafficking: Documentation proving that the applicant is in the United States due to trafficking, such as a police report or medical records.
- Proof of Extreme Hardship: Evidence showing the severe harm the applicant would face if deported.
- Biometric Services Appointment: After submitting the application, USCIS will schedule a biometric services appointment where the applicant will provide fingerprints, photographs, and a signature.
- Interview: In some cases, USCIS may require an interview to verify the information provided in the application. It’s crucial to prepare thoroughly and, if possible, have legal representation during the interview.
- Approval and Benefits: If the T Visa application is approved, the applicant will receive a T Visa, allowing them to stay in the United States for up to four years. T Visa holders may also be eligible to apply for work authorization and certain public benefits.
Benefits of a T Visa
- Legal Stay: The T Visa allows victims of human trafficking to stay legally in the United States for up to four years.
- Work Authorization: T Visa holders can apply for employment authorization, enabling them to work legally in the United States.
- Public Benefits: T Visa holders may be eligible for certain federal and state public benefits and services, such as medical care, housing assistance, and food stamps.
- Pathway to Permanent Residency: After three years in T Visa status, or upon the completion of the investigation or prosecution, T Visa holders may apply for adjustment of status to become lawful permanent residents (green card holders).
- Family Reunification: T Visa holders can apply to bring certain family members to the United States, including spouses, children, parents, and unmarried siblings.
Tips for a Successful T Visa Application
- Seek Legal Assistance: The T Visa application process can be complex. Working with an experienced immigration attorney can significantly improve the chances of a successful application.
- Provide Detailed Evidence: Comprehensive and detailed documentation supporting the application is crucial. Include any evidence that proves the trafficking situation, presence in the U.S. due to trafficking, and the potential hardship if removed.
- Stay Compliant with Law Enforcement: Cooperation with law enforcement agencies can strengthen the application. However, victims under 18 or those unable to cooperate due to trauma are exempt from this requirement.
- Prepare for the Interview: If an interview is required, thorough preparation is essential. Applicants should be ready to discuss their trafficking experience and provide additional evidence if requested.
If you or someone you know is a victim of human trafficking and needs assistance with the T Visa application process, our immigration law firm is here to help. We will guide you through every step, ensuring your application is as strong as possible.
For more information on T Visas and other immigration matters, please contact our office today. At Kairos Law, PLLC, we are dedicated to helping victims of trafficking secure the protection and justice they deserve in the most empathetic and efficient manner.
