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One of the drawbacks of immigration is the potential for human trafficking. Every year, traffickers trick hundreds of immigrants into sex work and forced labor with promises of citizenship and employment. Traffickers take their money, passports, and sometimes much more, keeping them trapped in lives of fear.
If you are a victim of human trafficking, a Birmingham T-visa lawyer at Solano Law Firm could help you apply for a T visa and obtain protected status while you recover from your experience. Contact our office and speak to a compassionate visa attorney to start your T-visa application today.
A T visa is a non-immigrant visa that allows a victim of human trafficking to stay in the United States. Victims of human trafficking often lack documentation and have not had the chance to apply for citizenship. Their traffickers may have threatened to harm or report them if they contact law enforcement. The T visa is one way a victim could seek justice against their traffickers.
Applicants must meet specific requirements to qualify for a T visa. U.S. Citizenship and Immigration Services’ (USCIS) definition of human trafficking includes both sex trafficking—where the victim is brought to the U.S. by force, fraud, or threats to perform sexual acts—and labor trafficking—where the victim is encouraged, enticed, or transported by fraud to the U.S. to work under conditions amounting to bondage, peonage, or slavery.
To apply for a T visa, the victim must already be in the U.S. or a U.S. territory port of entry, such as an embassy or consulate.
Human trafficking victims must agree to participate in the investigation and prosecution of their traffickers. This can be the most difficult part of the process. You must agree to discuss the details of your trafficking experience with law enforcement and testify in court against the people who threatened you. An immigration attorney could help you through this process and ensure the protection of your rights.
Victims must also show that they will suffer extreme hardship or danger if they return to their home country. Extreme hardship is more than just financial difficulty. USCIS must see that you will be in danger of physical harm if you return to your homeland.
The courts will make exceptions for minors and some victims of sex trafficking who are too traumatized by their experience to discuss the case or testify in court. Working with a compassionate T-visa attorney could help to ease some of the stress of talking with immigration authorities in Birmingham about your trafficking case.
If you have family members in the U.S., they may also be eligible for T-visa status. Derivative status lets a trafficking victim apply on behalf of their family members, depending on their age and relationship.
If your family is in immediate danger because you escaped from the trafficking situation or are cooperating with law enforcement, you can apply for your parents, children, and minor siblings. If there is no immediate danger and you are under 21, you can apply for your spouse, parents, minor children, and minor siblings. If you are over 21, you can apply for your spouse and minor children.
There are additional forms you need to complete to apply for your family members. Your Birmingham immigration attorney could explain what you need to do to help protect your family while you complete the T-visa application process.
At Solano Law Firm, we understand that recent news reports can make you nervous about contacting an attorney if you are undocumented. Our team will never disclose your status to any law enforcement agency. We want to ensure you escape from your traffickers and begin to live the life you deserve.
Contact our office today for a case evaluation with a Birmingham T-visa lawyer.