American T-Visa for Victims of Human Trafficking

The American T Visa for victims of human trafficking provides human trafficking victims with protection while also enhancing law enforcement’s ability to detect, investigate, and punish human trafficking.

Human trafficking is a problem in every country. It is unlawful to deceive and use children or adults against their will for different objectives, including smuggling them into other nations.

The Victims of Trafficking and Violence Protection Act and the Battered Immigrant Women’s Protection Act were approved by the US Congress in 2000 to help victims of criminal activity and human trafficking.

Human trafficking, often known as trafficking in persons, is a kind of modern-day slavery in which traffickers compel individuals to perform work or services, including commercial sex, by force, deception, or coercion.

People who are vulnerable, such as those who do not have legal immigration status, are frequently targeted by human traffickers. T visas provide victims with protection while also enhancing law enforcement’s ability to detect, investigate, and punish human trafficking.

In this article, we will be telling you all you need to know about the American T Visa for victims of human trafficking, from the eligibility criteria to how you can apply for it.

About American T Visa

The T visa is a non-immigrant visa granted to victims of human trafficking in the United States. Both children (minors) and adults are included in this category.

Because many persons are smuggled into the United States against their will based on fraudulent claims for work and other advantages, the US enables them to apply for this sort of visa to assist alleviate their misery.

T nonimmigrant status is a temporary immigration benefit that allows certain victims of a severe form of human trafficking to stay in the United States for up to four years if they have complied with any reasonable request from law enforcement for assistance in the detection, investigation, or prosecution of human trafficking or qualify for an exemption or exception.

Certain qualified family members of victims of human trafficking are also eligible for T nonimmigrant status. Nonimmigrants with a T status are eligible for work authorization as well as a variety of federal and state benefits and services.

T nonimmigrants may be able to alter their status and become lawful permanent residents if they meet certain criteria (obtain a Green Card).

It can also be defined as a nonimmigrant status a temporary immigration benefit that permits selected victims of a severe type of human trafficking to remain in the United States for up to four years if they choose to help law enforcement in a human trafficking investigation or prosecution.

This nonimmigrant status is also available to certain eligible family members of victims of human trafficking.

Eligibility Criteria for the American T Visa

Only those who fulfill the qualifying standards, which include being significant victims of human trafficking, are eligible to apply for this visa (fraud is extremely penalized). The following are the prerequisites for obtaining a T visa:

The applicant has been a victim of human trafficking; the applicant is physically present in the United States, and the applicant has been a victim of human trafficking.

If the applicant were to be expelled from the United States, he or she would face significant hardship.

Any reasonable request from law enforcement for assistance in the investigation or prosecution of human trafficking is met by the applicant.

Requirements for the American T Visa

Adults must exhibit at least one of the three aspects to qualify as victims of human trafficking, whereas minors must show only the process or goal of trafficking elements. The victim must also have been smuggled into the United States and be present in the nation.

To qualify for the visa, the victim does not need to be aware that they were being trafficked, but they must assist law enforcement officials during the investigation.

To be eligible for the American T visa, you must meet the following requirements:

• As indicated above and in legal papers, you must be a victim of human trafficking.
• You must have been trafficked into the United States and be currently residing in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a United States port of entry.
• To assist law enforcement authorities in their investigation, you must be willing to collaborate with them. If you meet the following criteria, you are exempt from this need for cooperation:
  • You are a minor under the age of eighteen.
  • You’ve been through a lot of bodily or emotional pain.
• You must demonstrate that deporting you from the United States will cause you great hardship or injury. This may be accomplished by:
  • demonstrating that you will not be able to receive the same level of medical care in your native country as you will in the United States
  • demonstrating that your government will not provide enough protection
  • demonstrating that you would be stigmatized as a victim of human trafficking in your native country, and so forth.
• You must be eligible to enter the United States and have not breached any immigration laws. You can file Form I-129, Application for Advance Permission to Enter as a Non-immigrant if you are inadmissible.

Benefits of the American T Visa

When a victim of human trafficking is granted a T visa, they are immediately granted privileges identical to those granted to refugees. To be eligible for such benefits, the US Department of Health and Human Services and the Office of Refugee Resettlement must verify that the individual was a victim.

Furthermore, without having to apply for one, the T visa holder receives an Employment Authorization Document (EAD) immediately. The EAD gives people the freedom to work in any legal capacity, part-time or full-time, for as long as they like.

How to Apply for the American T Visa

The T visa application process is straightforward. In contrast to the U visa application process, which allows the applicant to be either within or outside the United States, a T visa application requires the applicant to be inside the United States.

This means they can apply directly to the Vermont Service Center or USCIS instead of going via a US Embassy.

The following documents must be submitted to apply for a T visa:

• Form I-914, Application for T Nonimmigrant Status, must be filled out completely.
• Form I-914, Supplement B, Declaration of a Law Enforcement Officer for a victim of human trafficking. This is proof that you have been a victim of human trafficking, as determined by law authorities.
• 3 passport-sized photos that comply with the US Visa Photograph Requirements
• Other documentation that proves you meet the eligibility criteria.

Frequently Asked Questions (FAQs)

1. What Are the Fees for an American T Visa Application?

You will not be charged any application costs when you submit your application packet. The T-visa is free, however, the forms must be filed for a cost.

You can request a fee waiver by filing Form I-912, Request for Fee Waiver, to avoid incurring these costs.

2. How Long Does an American T Visa Take to Process?

The T visa takes a long time to process. The USCIS does not provide an estimate of how long it will take for applicants’ visas to be processed after they apply.

This implies that processing time differs from person to person and is determined by the evidence provided.

3. How Long is the American T visa valid?

The T visa, like the U visa, has a maximum stay of four years. The main T visa holder can create a bank account, receive a driver’s license, participate in academic or vocational studies, and look for work throughout these four years.

After this time term has passed, the individual must either return to their native country or face legal consequences. However, under rare situations, the individual may petition USCIS for a status extension or adjustment.

This is accomplished by submitting Form I-539, Application to Extend/Change Nonimmigrant Status, together with proof of why the individual should remain in the United States after their T visa has expired. Requests for extensions are considered on a case-by-case basis by USCIS.

4. Can I apply for the American T Visa for victims of Human Trafficking online?

The application for a T Visa is broken down into many parts, some of which may be completed online (for example, filling out the forms through USCIS).

The applicant must, however, complete the procedure by providing the relevant documentation to the law enforcement officials who are investigating his or her case.

Conclusion

Due to human trafficking, foreign persons seeking T-1 nonimmigrant status must already be physically present in the United States. As a result, US embassies and consulates in other countries do not grant T-1 visas, but they may issue T (derived) visas to eligible family members.

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