Immigration Help for Trafficking Victims
The T Visa allows eligible trafficking victims to remain in the US for 3 years.
Approved applicants may petition for their qualified immediate relatives to join
them in the US for the same duration. T Visa holders receive all benefits and
protections normally available to refugees (including Refugee Cash and Medical
Assistance, Federally-Funded Public Benefits, and Individual Development
Accounts).
At the end of the 3-year period, T Visa holders may apply to adjust their status
to Legal Permanent Resident, and thus remain in the US indefinitely. To qualify
for Adjustment of Status, the applicants need to show that they have stayed in
the US (except for short trips), have not committed any crimes, and have
complied with reasonable requests from law enforcement during the 3 year T Visa
period.
Who is Eligible?
“Victims of a severe form of trafficking in persons,” including victims of sex
trafficking and labor trafficking. The relevant definitions are found in the
TVPA. Eligible sex trafficking victims were (a) recruited, harbored,
transported, provided, or obtained for commercial sex acts, through (b) force,
fraud, or coercion to induce performance of commercial sex acts OR induced to
perform a commercial sex act when under the age of 18. Eligible labor
trafficking victims are those who (a) were recruited, harbored, transported,
provided or obtained for labor or services, (b) through the use of force, fraud,
or coercion, and (c) for the purpose of subjecting them to involuntary
servitude, peonage, debt bondage or slavery.
Victims can also apply for their spouse (T-2), children (including
step-children) under 21 years old (T-3), or parents (if the victims is under 21)
(T-4). The Principal Applicants (victims) are referred to as T-1. Principal
Applicants must demonstrate that failure to admit their immediate relative(s) to
the US would result in “extreme hardship” to the Principal Applicant or to the
family member(s).
What are the Basic Requirements?
Each T-1 applicant must show that he or she:
- Is a victim of a severe form of trafficking in person (as defined above);
- Is physically present in the U.S. due to trafficking;
- Has complied with any reasonable request for assistance in the investigation or
prosecution of acts of trafficking in persons; and
- Would suffer extreme hardship involving unusual and severe harm if removed from
the US.
Immigration Help for Victims
D.Ray Mantle assists immigrant victims in
obtaining positive immigration results in a timely, personal, and professional
manner. Your individual circumstances are carefully reviewed by an experienced
immigration attorney to determine which options are available to you. Mr. Mantle
provides guidance and help in gathering the necessary information and documents
for your case, prepares all of the necessary application forms, and also ensures
that your final application meets all government requirements.
If you would like to understand more about the application process and to find out if you qualify for any protections under U.S. immigration law, please contact D.Ray Mantle for a consultation.