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What is a T Visa?
The T visa is an immigration benefit for victims of human trafficking who meet certain eligibility requirements.
Who is Eligible?
USCIS may find an individual eligible for a T visa if the victim:
- Is or was a victim of a severe form of trafficking in persons (which may include sex or labor trafficking), as defined by federal law*;
- Is in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands or at a U.S. port of entry due to trafficking;
- Has complied with any reasonable request from a law enforcement agency for assistance in the investigation or prosecution of human trafficking; and
- Would suffer extreme hardship involving unusual and severe harm if removed from the United States.
- The victim must be admissible to the US or be eligible for a waver of inadmissibility.
(No serious criminal record, no serious immigration violations)
* “Sex trafficking” is defined as “the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.”
A victim of severe forms of trafficking in persons is an individual who is a victim of either:
A) Sex Trafficking, which is defined as:
- The recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act,
- Or in which the person induced by any means to perform such act has not attained 18 years of age.
B) Labor Trafficking, which is defined as: o the 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 subjection to involuntary servitude, peonage, debt bondage, or slavery.
How Long Does It Take?
It takes more than five year.
Benefits
The T visa allows eligible victims to temporarily remain and work in the U.S., generally for four years. While in T non immigrant status, the victim has an ongoing duty to cooperate with law enforcement’s reasonable requests for assistance in the investigation or prosecution of human trafficking. If certain conditions are met, an individual with T non immigrant status may apply for adjustment to lawful permanent resident status (apply for a green card) after three years in the United States or upon completion of the investigation or prosecution, whichever occurs earlier.
Request that certain relatives obtain refuge in America or asylum, regardless of whether they are abroad.
Certain family members of a T visa recipient may also be eligible to live and work in the United States as “derivative” T visa holders. These are:
- Unmarried children under the age of 21;
- Spouse;
- Parents of principal T visa recipients under age 21 at the time of application;
- Unmarried siblings under 18 years old of principal T visa applicants under age 21;
- Adult or minor children of certain immediate family members of the T visa recipient
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