T visa – Every year, the criminal enterprise of human trafficking rakes in billions of dollars, which it is why it may be the fastest growing criminal activity in the United States. The T visa is a type of nonimmigrant visa which was created in 2000 in order to provide victims of human trafficking, along with their family members, temporary shelter within the United States.
Who is Eligible for a T Visa?
An individual would be eligible for a T visa if they have undergone a “severe” form of trafficking. Similar to one of the criterions for a U visa, a T visa applicant must also demonstrate that they have complied with any reasonable requests from law enforcement to aid in the investigation or prosecution, unless they qualify under an exception. Finally, a T visa applicant must demonstrate that they would suffer extreme hardship involving unusual and severe harm if they were to be removed from the United States.
What Constitutes a “Severe” Form of Trafficking?
As taken from the USCIS website, federal law states that a “severe form of trafficking” is:
- Sex trafficking: When someone recruits, harbors, transports, provides, solicits, patronizes, or obtains a person for the purpose of a commercial sex act, where the commercial sex act is induced by force, fraud, coercion, or the person being induced to perform such act is under 18 years of age; or
- Labor trafficking: When someone recruits, harbors, transports, provides, or obtains 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.
How to Apply for a T Visa
If an individual believes that they qualify for a T visa, they should consult with an immigration lawyer. After determining the individual’s eligibility for a T visa, an immigration attorney can assist the individual with completing and submitting Form I-914, Application for T Nonimmigrant Status, along with other supporting documentation to the USCIS.
Consider setting up a consultation with an immigration lawyer at Gilles Law, PLLC. You can reach us at 980-272-8438 at our office in Uptown Charlotte. We are here to assist with your inquiries.
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