In the fight against human trafficking and as a beacon of hope, T visa serves as a tool to protect and support victims of trafficking. Human trafficking is a heinous crime that affects millions of people. Congress passed the Victims of Tracking and Violence Protect Act of 2000 which created the T visa for victims of trafficking in persons. The T visa is a nonimmigrant visa that provides immigration status to non-citizen victims. It allows them to remain in the United States to assist in the investigation and prosecution of acts of trafficking. T visa offers a pathway to a new life. It allows victims to regain control of their lives by gaining access to pivotal immigration benefits.

T visa’s benefits include legal status, employment authorization, and certain federal and state benefits and services. T nonimmigrants who qualify may be able to adjust their status and become lawful permanent residents and obtain a green card. In addition, qualifying family members may be eligible to get the same benefits.

To be eligible for T visa individuals must meet the following five requirements: (1) the individual must be a victim of severe forms of trafficking; (2) the victim must be present in the U.S as a result of trafficking; (3) the victim must demonstrate a willingness to assist law enforcement agencies in investigations; (4) the victim must demonstrate hardship if removed from the U.S; and (5) the victim must be admissible to the United States (a waiver option is available if an individual is inadmissible).

To be eligible individuals must be a victim of severe forms of trafficking. Congress has defined “severe form of trafficking in persons” as consisting of two different acts. The first is Sex Trafficking in which a commercial sex act is induced by force, fraud, or coercion; or in which a person induced to perform the act is a minor under the age of 18 years old. The second act that meets the requirement of a severe form of trafficking in person is labor trafficking. Labor trafficking is the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services by using force, fraud, or coercion for subjection of involuntary servitude, peonage, debt bondage, or slavery. In order for victims to qualify for T visa, he or she must demonstrate the traffickers used force, fraud, or coercion to participate in either the commercial sex act (unless the victim is a minor) or the labor. Thus, no matter how harsh the conditions under which the T visa applicant worked or performed sexual acts, if the trafficker did not force, coerce, or undertake as a result of fraud, then no trafficking took place unless the victim of the commercial sex act was a minor.

A T visa applicant must demonstrate to USCIS that they are in the United States on account of the underlying severe human trafficking. Requirements to demonstrate physical presence in the U.S can be satisfied if the victim meets one of the below:

• individuals currently subjected to human trafficking;
• individuals liberated from human trafficking by a law enforcement agency (LEA);
• individuals who escaped the trafficking situation before LEA became involved;
• individuals subjected to human trafficking in the past and whose ongoing presence in the United States is on account of human trafficking; and
• individuals present in the United States on account of having been allowed entry into the United States for participation in investigative or judicial processes associated with an act or perpetrator of human trafficking.

In order to qualify for a T visa, the applicant must comply with any reasonable request from a law enforcement agency to assist in the investigation or prosecution of human trafficking. Unlike the U visa, no formal certification is required to submit with the T visa application; however, the client must still provide evidence that the crime was reported to law enforcement unless the applicant is under 18 years old. Victims must aid in the detection of trafficking, and reporting the victimization can be sufficient to satisfy the requirement to assist law enforcement. However, there are two circumstances where failure to report can still make a victim eligible for a T visa:

• the victim was under the age of 18 at the time of victimization.
• the victim experienced physical or psychological trauma that prevents them from complying with a reasonable request

USCIS assesses the evidence provided by the applicant to decide whether the individual has complied with reasonable requests for assistance. USCIS will consider different factors and the totality of circumstances when determining whether the request was reasonable. One primary way to demonstrate cooperation with reasonable requests is to ensure providing the law enforcement declaration, form I-914B, as part of the T visa application. Due to the importance of submitting sufficient evidence, ILBSG encourages victims to seek legal guidance. ILBSG’s experienced team can provide victims invaluable guidance, ensuring each applicant’s rights and interests are protected.

Victims must establish that they will experience hardship involving unusual and severe harm. USCIS considers several factors when evaluating extreme hardship. This includes the victimization suffered and the impact of the loss of access to the U.S. criminal justice system. In addition, political and economic conditions in the country of return are evaluated

Lastly, a T visa applicant must demonstrate that he or she is admissible to the United States. USCIS determines admissibility based on a victim’s immigration and criminal history. Certain admissibility grounds may be waived, including criminal grounds that are directly tied to the acts of trafficking. If an individual entered the United States illegally or if there was a violation committed, applying for a green card may be barred and an individual may be found inadmissible to the United States. Waivers are available for most inadmissibility grounds. Form I-601A offers a relatively easier path for those facing unlawful presence when they apply for a T visa. This waiver allows eligible applicants to request forgiveness for their unlawful presence in the United States.

T visa opens the door to a bright future–a future where survivors can reclaim their lives and start a new chapter filled with resilience and possibilities. However, it is important to understand the sophistication associated with this process and that the time between the application and final adjudication (approval or denial) can vary due to different factors. T visa serves as a compass to guide survivors towards healing and empowerment, therefore ILBSG is committed to providing legal guidance for human trafficking victims throughout the application process. It is recommended to seek legal guidance through the application process to ensure all required documents are present and ILBSG is dedicated provide comprehensive support for its clients throughout the process of application.

If you have any questions or concerns about a T visa or any other immigration-related issue, please contact us. We are closely monitoring all immigration-related issues. Our team ensures to guide you through all immigration complications and ensures you get the right legal advice.