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T Visas for Victims of Human Trafficking
In 2000, the Trafficking Victims Protection Act became law in the United States, affirming this country’s commitment to fighting human trafficking both within the borders of the United States and abroad. Ten years later, in 2010, President Barack Obama increased awareness of this often-unseen tragedy by declaring the month of January “National Slavery and Human Trafficking Prevention Month.” Subsequent presidents have continued this tradition annually, including President Joe Biden in 2022.
The Biden administration has expressed a commitment to protect victims of human trafficking, prevent vulnerable individuals from being trafficked in the future, and prosecute the people who engage in human trafficking. As President Biden noted in his Proclamation on Human Trafficking Prevention Month, “Since human trafficking disproportionately impacts racial and ethnic minorities, women and girls, LGBTQI+ individuals, vulnerable migrants, and other historically marginalized and underserved communities, our mission to combat human trafficking must always be connected to our broader efforts to advance equity and justice across our society.”
Human Trafficking Prevention Month may be over for 2022, but the need for human trafficking awareness and prevention continues.
What is Human Trafficking?
The United States Department of Homeland Security says that “human trafficking involves the use of force, fraud or coercion to obtain some type of labor or commercial sex act.” Approximately 50% of human trafficking victims identified in federal cases in 2020 were girls under the age of 18. Another way of putting it is that human trafficking is modern-day slavery.
Not all victims of human trafficking in this country come from outside the United States, but many do. Two types of human trafficking are forced labor or sex trafficking. A common scenario involves recruiting people to come to the United States with false promises of a better life and the opportunity to earn money to support their family in their home country. Some victims come to the United States with a legitimate visa that expires; others are smuggled in.
Trafficking victims may then be forced to work for free or under different circumstances than they had been promised; because they have no immigration status or support system in this country and may not speak English, they are completely dependent on their traffickers. They may see no option other than to obey their trafficker’s demands. Many trafficking victims are forced into prostitution.
Severe forms of human trafficking typically involve “fraud, force, or coercion,” unless victims of sex trafficking are under 18, in which case no fraud, force, or coercion is required in order for the situation to qualify as trafficking. Often, what keeps victims of trafficking from seeking help is the fear that they will be removed from the United States and forced to return to an equally hopeless situation in their home country.
Traffickers may also try to control their victims by telling them that they (the victims) have committed crimes and will be in trouble with the law if they seek help. In some cases, this is actually true, such as when a trafficking victim has been forced into prostitution. If you are afraid you might be charged with a crime, contact an experienced immigration attorney who will help determine if you are eligible for T nonimmigrant status, despite being charged with a crime.
What is a T Visa?
The T nonimmigrant status (T visa) was created by the Victims of Trafficking and Violence Protection Act of 2000 to give foreign nationals who have been trafficked in the United States a way to escape forced labor or sex without removal from this country. A T visa is available to people who help federal, state, local, tribal, or territorial law enforcement agencies to investigate and prosecute human trafficking. A trafficking victim can apply for a T visa by completing Form I-914, Petition for T Nonimmigrant Status. There is no fee to file this form, and you may be able to get a fee waiver for filing of any associated forms.
You may be eligible for a T visa if you:
- Are or were a victim of a severe form of trafficking;
- Are physically present in the United States or certain territories or at a port of entry;
- Complied with reasonable requests from law enforcement to assist in investigation and prosecution of human trafficking (if you are 18 or over and not unable to cooperate due to physical or psychological trauma.
- Would suffer extreme hardship if removed from the United States
- Are admissible to the United States, or eligible for a waiver of inadmissibility.
If you are eligible for a T visa, some of your family members may also be eligible through you. If you are under 21, your spouse, parents, unmarried siblings under 18 and unmarried children under 21 may be eligible for T nonimmigrant status. If you are over 21, your spouse and unmarried children under 21 may be eligible for a T visa through you.
You are eligible to work in the United States with a T visa; family members may also be eligible but they will have to apply separately for employment authorization. T nonimmigrant status is valid for up to four years; in some circumstances, you may be eligible for an extension. After three years of continuous physical presence in the United States on a T visa, you may be able to apply for lawful permanent residence (a green card). T nonimmigrant status also gives you access to certain federal services and benefits.
Human trafficking is a terrible evil. If you or someone you know has been a victim of human trafficking, you may be able to help law enforcement catch and punish traffickers and prevent other vulnerable people from being trafficked. If you would like to learn more about T visas for victims of human trafficking, please contact our law office.