Are you or someone you know a victim of human trafficking in the United States? If so, you may be eligible for a T Visa, which provides temporary legal status to victims of trafficking. In this updated guide for 2024, we will explore who qualifies for a T Visa and how to navigate the application process. Stay tuned to learn more about this important pathway to safety and justice for survivors of trafficking.
What is U Visa? Full free guide
History and Purpose of T Visa
The purpose of the T Visa is to encourage victims of human trafficking to come forward and cooperate with law enforcement in identifying and prosecuting their traffickers. By doing so, victims can receive protection from deportation and potentially obtain legal permanent resident status after three years.
Prior to the creation of the T Visa, many victims were afraid to seek help or report their traffickers due to fear of retaliation or deportation. The TVPA was designed to address this issue by providing a pathway for these individuals to safely remain in the United States while assisting with criminal investigations.
Since its inception, over 6,000 T Visas have been issued by the U.S. government. This number continues to increase as awareness about human trafficking grows and more victims come forward seeking assistance.
Eligibility Requirements for T Visa
The T visa is a type of immigration relief available to individuals who have been victims of human trafficking in the United States. In order to be eligible for a T visa, there are specific requirements that must be met. These eligibility requirements are outlined by the U.S. Citizenship and Immigration Services (USCIS) and must be thoroughly met in order to qualify for this form of protection.
1. Must Be a Victim of Human Trafficking: The first and most important requirement for obtaining a T visa is being recognized as a victim of human trafficking by the Department of Homeland Security (DHS). This means that you must have been subjected to some form of force, fraud, or coercion in order to obtain labor or services against your will. Additionally, minors under the age of 18 who have been involved in commercial sex acts are automatically considered victims of human trafficking.
2. Physical Presence in the United States: In order to apply for a T visa, you must currently be physically present in the United States due to being trafficked into the country. If you were trafficked outside of the U.S., you may still be eligible if you can show that your presence here is necessary for an ongoing investigation or prosecution related to your trafficking case.
3. Cooperation with Law Enforcement: One crucial aspect of obtaining a T visa is cooperating with law enforcement agencies during their investigations and prosecutions related to your case. This includes providing information, assisting with investigations, and testifying if necessary.
4. Admissibility Criteria: Like other forms of immigration relief, individuals applying for a T visa must also meet certain admissibility criteria such as not having any criminal convictions or being deemed as a national security threat.
5. Extreme Hardship Requirement: Applicants must also demonstrate extreme hardship if they were removed from the U.S., either due to their involvement in human trafficking or any other reasons.
6. Application Deadline: There is no specific deadline for submitting a T visa application, but it is recommended to do so as soon as possible after being recognized as a victim of human trafficking.
Application Process for T Visa
The process of applying for a T visa in the United States can be complex and time-consuming, but with proper understanding and guidance, it can be successfully navigated. In this section, we will provide a detailed overview of the application process for a T visa.
Step 1: Determine Eligibility
Before beginning the application process, it is important to determine if you meet the eligibility requirements for a T visa. As mentioned in our previous section, there are certain criteria that must be met in order to qualify for a T visa. These include being a victim of severe trafficking, being physically present in the US due to trafficking, and complying with any reasonable requests from law enforcement related to your case.
Step 2: Complete Form I-914
Once you have established your eligibility, the next step is to complete Form I-914 – “Application for T Nonimmigrant Status”. This form can be downloaded from the official website of U.S Citizenship and Immigration Services (USCIS). It is important to fill out all sections accurately and thoroughly as any errors or omissions may delay your application or even result in its rejection.
Step 3: Gather Supporting Documents
Along with Form I-914, you will also need to submit supporting documents that demonstrate your eligibility for a T visa. These may include police reports, medical records, affidavits from witnesses or experts familiar with your situation, and any other relevant evidence that supports your claim.
Step 4: Submit Your Application
Once you have completed Form I-914 and gathered all necessary supporting documents, you can submit your application by mail to USCIS. You will also need to pay an application fee of $0 which may be waived if you cannot afford it.
Step 5: Attend Biometrics Appointment
After submitting your application, USCIS will schedule an appointment for biometric services such as fingerprinting. This is a standard procedure to verify your identity and check for any prior criminal records.
Step 6: Attend Interview
After completing the biometric appointment, you may be called in for an interview with USCIS. This is to further assess your eligibility and gather any additional information or evidence if needed.
Step 7: Receive Decision
Once all the necessary steps have been completed, USCIS will make a decision on your T visa application. If approved, you will receive a notice of approval and instructions on how to obtain your T visa.
Contact us if you need help with your case!
Benefits of Obtaining a T Visa
The following are some of the benefits that come with obtaining a T visa:
1. Legal Status in the United States: One of the most significant benefits of obtaining a T visa is that it provides temporary legal status in the United States. This means that individuals with this visa can live and work legally in the country while their case is pending. It also allows them access to certain government programs and services, such as education, healthcare, and social services.
2. Eligibility for Certain Immigration Benefits: With a T visa, individuals may be eligible for certain immigration benefits, such as adjustment of status to permanent residency after three years, regardless of their current immigration status. They may also be able to bring qualifying family members to join them in the U.S., including spouses, children under 21 years old, parents, and unmarried siblings under 18 years old.
3. Work Authorization: T visa holders are eligible for employment authorization upon approval of their application or petition. This means they can legally work in any job or industry without any restrictions.
4. Protection from Removal/Deportation: Once granted a T visa, an individual cannot be deported from the U.S., unless there has been fraud committed during the application process or if they no longer meet eligibility requirements.
5. Access to Social Services and Public Benefits: Victims with a T visa may have access to certain social services and public benefits provided by state and local governments. These include housing assistance, food stamps, medical care, cash aid programs like Supplemental Security Income (SSI), among others.
Updates on T Visa Policies
In recent years, there have been some updates and changes made to the policies surrounding T visas. These updates aim to improve and streamline the process of obtaining a T visa for eligible individuals.
One major update was made in June 2020, when USCIS announced that it would no longer require applicants for T visas to submit Form I-914T (Application for Advance Permission To Enter as a Nonimmigrant). This form was previously required for individuals who were outside of the US and needed advance permission before entering the country on a T visa. This change will simplify the application process and make it easier for eligible individuals to apply for a T visa without additional paperwork.
Staying updated on T visa policies is crucial for those seeking relief as it can significantly impact their chances of obtaining this form of protection. By keeping up with these changes and updates, eligible individuals can navigate the application process more efficiently and effectively.
If you found our article useful, please share it with someone who might need it. And don’t forget to follow us on Facebook and Instagram and check out all our services at rodriguezmartinimmigration.com
