Being the victim of human trafficking puts nonimmigrants in a problematic scenario. Many times, traffickers keep a victim’s passport or threaten to report their illegal status to the government as a method of coercion.
The T nonimmigrant visa offers a pathway for survivors of human trafficking to stay in the United States. You can be a victim of labor or sex trafficking and qualify for a T visa if the conditions of the trafficking are considered severe.
An Atlanta T Visa lawyer at Solano Law Firm could guide you through the legal process for eligibility and help secure a favorable outcome. Schedule a case evaluation with an experienced visa attorney today.
What Qualifies as Human Trafficking?
Sex trafficking refers to recruiting, transporting, providing, or obtaining a person for a commercial sex act induced by force, fraud, or coercion. Commercial sex acts involving minors—those under age 18—are automatically coercive, even without other evidence of force, fraud, or coercion.
Labor trafficking involves using people for forced labor services, including slavery, peonage, debt bondage, and other forms of involuntary servitude.
Understanding the Requirements for a T Visa
Not every person experiencing human trafficking qualifies for a T visa. The trafficking must be for sex or labor. Being a trafficking victim for other reasons—such as using a coyote for immigration purposes—is not enough. The trafficking must be severe, which is a somewhat subjective guideline.
To qualify for the T visa, the individual must be in the United States—or at a port of entry. Someone who is in another country because a trafficker fraudulently told them that they would go to the United States is not eligible for the T visa. However, victims at ports of entry or in a U.S. territory may qualify.
T visa applicants must have assisted in a trafficking investigation or prosecution. There are exemptions to this qualification, but generally, if law enforcement makes a reasonable request for assistance, the individual must comply.
Finally, applicants must demonstrate that they would suffer extreme hardship or be in danger if removed from the United States. Many trafficking victims are at risk of retaliation or recapture if they return to their home countries, which meet this criterion. An Atlanta attorney who handles T visa applications could help applicants determine if they meet the requirements.
Benefits of Obtaining a T Visa
Getting a T visa offers many benefits to immigrants. This visa allows individuals to receive assistance with the following:
- Housing
- Food
- Income
- Employment
- Health care
- Learning English
It can also fast-track an immigrant’s work authorization and make them eligible to apply for Lawful Permanent Resident status—a Green Card.
One of the most significant benefits of a T visa is that applicants may be able to bring over family members. However, the family members depend on a person’s age.
For people under 21, the petitioner can apply for their spouse, unmarried children under 21, parents, and unmarried siblings under 18 to join them. During an initial meeting, a T visa lawyer in Atlanta could explain these and other potential benefits in more detail.
Get in Touch With an Atlanta T Visa Attorney Today
Not every person qualifies for a T visa, but it is an excellent option for those experiencing severe trafficking.
Contact Solano Law Firm for compassionate, knowledgeable support through your T visa journey. To learn more, schedule a case evaluation with an Atlanta T visa lawyer.
