Understanding the T Visa: Protection and Path to Justice
Kris Quadros-Ragar • July 11, 2024
The T visa is a nonimmigrant visa designed specifically for victims of severe forms of human trafficking. It provides recipients with temporary legal status in the United States, allowing them to live and work in the country for up to four years. This visa not only ensures their safety but also grants access to essential public benefits such as housing assistance and medical care.
In the fight against human trafficking, the T visa stands as a crucial tool, offering hope and legal protection to victims who have endured unspeakable hardships. Established under the Victims of Trafficking and Violence Protection Act of 2000 (VTVPA), the T visa aims to shield individuals trafficked into the United States from further exploitation while empowering them to assist law enforcement in prosecuting their traffickers.
To establish eligibility for a T visa, the applicant must demonstrate that they:
1. have been a victim of a severe form of trafficking in persons;
2. are physically present in the United States, American Samoa, or at a U.S. port of entry on account of such trafficking;
3. have complied with any reasonable request for assistance in a federal, state, or local investigation or prosecution into acts of trafficking or the investigation of a crime where acts of trafficking are at least one central reason for the commission of that crime, except when the applicant was under 18 years of age at the time of victimization or is unable to cooperate with a request due to physical or psychological trauma;
4. would suffer extreme hardship involving unusual and severe harm upon removal from the United States; and
5. are admissible to the United States or qualify for a waiver of any applicable grounds of inadmissibility.
The 2021 revisions to the USCIS Policy Manual, particularly in Volume 3, Part B – Victims of Trafficking, have clarified the broad definition of trafficking. This has facilitated more successful T visa cases without requests for evidence or the need for litigation.
Application Process
Applying for a T visa involves submitting a comprehensive application package to the United States Citizenship and Immigration Services (USCIS). The core of the application is the Form I-914, which includes:
- Detailed personal information and history of trafficking victimization.
- Supporting documentation such as police reports, medical records, and witness affidavits.
- Evidence of cooperation with law enforcement.
- Proof of extreme hardship if deported.
Once USCIS receives the application, they conduct a thorough review to determine eligibility for the T visa. Upon approval, T visa holders receive temporary legal status in the U.S. for up to four years. During this period, they can rebuild their lives with access to crucial resources and the ability to work legally.
Importantly, after three years of continued presence in the U.S. under T visa status, individuals may apply to adjust their status to become lawful permanent residents (green card holders).
Navigating the complexities of the T visa application process requires legal expertise and compassionate support. At Santos Lloyd, our dedicated team of attorneys specializes in immigration law, with a focus on assisting victims of human trafficking. If you believe you have been a victim of human trafficking or would like a comprehensive screening, please contact our office – we are eager to help you!
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
Kris Quadros-Ragar
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