T nonimmigrant status (also known as the “T visa”) is a temporary immigration status that can offer certain victims of human trafficking protection in the United States.
Human trafficking is a violation of U.S. law, but without help from victims, law enforcement often has difficulty investigating and prosecuting perpetrators of these crimes. Victims of human trafficking are often foreign nationals who are terrified to speak out against the people who have victimized them. The T visa offers a solution to address both situations.
A T visa isn’t a normal visa, it’s a special nonimmigrant status. At Laura Leon Law, our legal team understands this unique nonimmigrant status and may be able to help you find protection in the United States if you’ve been a victim of human trafficking.
We understand that if you’ve experienced human trafficking, you may find it difficult to trust anyone. If this is the first you’re learning of the T Visa status, you may have many questions that you’d like answered before you speak with an attorney.
When you are ready, please reach out to our team of immigration experts. Our firm is in Bryan, Texas and serves Brazos County and its surrounding communities.
If you are a noncitizen and the victim of a severe form of human trafficking, you may be eligible to apply for a T visa. It’s important to realize that you don’t have to be forcibly kidnapped to be a human trafficking victim. U.S. officials understand that if you ended up in a situation of sex slavery or forced labor, you are a victim of human trafficking. Even if the trafficker manipulated you with false promises, threats, or coercion, the experience is still considered a severe form of human trafficking.
U.S. Citizenship and Immigration Services (USCIS) maintains specific definitions of T visa qualifying crimes:
Sex Trafficking: “recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act where the commercial sex act is induced by force, fraud, or coercion, or the person being induced to perform such act is under 18 years of age.”
Labor Trafficking: “recruitment, harboring, transportation, provision, or obtaining of a person for labor or services through the use of force, fraud, or coercion for the purpose of involuntary servitude, peonage, debt bondage, or slavery.”
If you have been the victim of either of these human trafficking crimes as defined, you would be eligible for a T visa if you are also:
Your attorney can explain any other unique requirements, but these are the basic eligibility requirements for T visa eligibility. Keep in mind, your immigration attorney can also help you gather proof and build your case.
If your trafficker has also threatened your family, let your T visa attorney know, because your attorney may be able to secure your family members protection through your T visa as well.
In addition to providing protection and relief from removal orders for victims of trafficking, Congress created the T visa to aide law enforcement. It is possible that part of your T visa responsibilities may include reasonably complying with requests by law enforcement such as answering questions about the criminal who harmed you or testifying against them in court.
If you were a minor when you were trafficked or if your experience was too psychologically traumatic, your T visa lawyer can request for a waiver for this responsibility.
If you are granted a T visa, it is also your responsibility to stay physically present on U.S. soil throughout the T visa processing time and while protected by your T visa.
The T visa comes with substantial immigration benefits including:
The T visa also comes with the right to apply for other important benefits that will help you start a new life in the United States including:
You may become eligible for these assistance programs before your T visa processing timeline is complete. As soon as you become eligible to apply for these programs – no matter where you are in the T visa processing timeline – your immigration attorney will receive a Certification Letter from the U.S. Department of Health and Human Services.
Your skilled immigration attorney will help you apply for your T visa. You will not have to apply on your own. Your immigration lawyer will help you file Form I-914, Application for T Nonimmigrant Status. They will ensure that the form in filled out properly. Your attorney will also help you compile all the supporting documentation that must submitted with your application.
Your immigration lawyer will discuss your case with you and determine if you will need to submit a request for a USCIS fee waiver, any applications for endangered family members, or waivers for any grounds of inadmissibility. They will also help you build your personal statement to submit with your application and compile the needed evidence.
If you team up with an experienced immigration attorney Like Laura Leon Law for your T visa application, you will have support at every step of the T visa processing timeline.
The T visa processing time can vary significantly. The T visa processing time could be as little as nine months or up to three years if there are delays. The easiest way to ensure the swiftest possible T visa processing time is by being honest with your attorney so that they can make sure your application is complete and accurate.
An accurate application speeds up your T visa processing time by preventing officials from having to request additional information. Your attorney will help ensure the T visa processing time is lessened in any way they can.
CONTACT US TODAY
If you are on U.S. soil because of human trafficking, there are laws to protect you. We can help make sure you are given the protection you deserve and need. If you are currently in Texas, please reach out to Laura Leon Law as soon as you are ready.
Laura Leon Law, PLLC. © 2023
