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Immigration and naturalization are the first steps to U.S. citizenship. Most people arrive in the United States voluntarily in search of legal employment and education. Unfortunately, some are tricked or coerced into other kinds of work. Human traffickers trap victims into sex slavery or forced labor and prevent them from fleeing for better lives.
The T visa process could help you escape from trafficking and begin the legal immigration process. A Tuscaloosa T-visa lawyer from the Solano Law Firm could explain the procedure for you. Contact one of our experienced immigration visa attorneys today so we can begin working on your case. En Español.
A T visa is a non-immigrant visa that allows victims of human trafficking to stay in the U.S. while their trafficker’s case is investigated and prosecuted. It has several legal requirements for applicants that differ from those of other types of visas. Seek legal advice from an immigration lawyer in Tuscaloosa to ensure you meet all the eligibility requirements.
To qualify for a T visa, you must be a victim of a severe form of human trafficking. The U.S. Citizenship and Immigration Services (USCIS) defines two types of severe human trafficking. Sex trafficking involves victims being transported to the U.S. for sexual purposes or forced into such purposes after arrival. Labor trafficking involves individuals being promised work in the U.S. under fraudulent or false conditions that were essentially bondage, forced labor, or slavery.
Many human traffickers confiscate their victims’ passports or other documents and hold them until the victim provides payment for transportation, food, or housing. They may keep victims in substandard conditions under threat of informing immigration authorities if they attempt to flee or call law enforcement.
Other requirements for T visa applications include:
T visa applicants must already be in the U.S. before they can request the visa. This requirement differs from that of asylum applicants, who may be in other countries when they ask for help from a U.S. embassy or consulate.
T visa applicants must participate in any investigation and prosecution of their traffickers. This goes beyond providing names or addresses. Applicants must agree to testify at trials or sit for multiple interviews. The law provides exemptions for minors and those suffering extreme physical or emotional trauma.
Applicants must prove that they would suffer extreme hardship or danger if forced to return to their home country. Extreme hardship means more than financial difficulty or emotional distress. Victims must show that their lives would be in jeopardy if forced to return.
The USCIS has a strict annual quota of 5,000 T visa applications. After they reach that number, applications are placed on hold until the following year. It takes between 12 and 36 months for the USCIS to accept an application and several more years to process it.
The USCIS must make a bona fide determination of the victim’s status. This means the person is eligible for deferred status and has a low priority for deportation. They also qualify for work authorization and a Social Security number.
If you already have a deportation order, you could still qualify for a T visa. If you need legal advice from an immigration attorney, our lawyers at the Solano Law Firm in Tuscaloosa could inform you of what you must do to protect your legal rights and obtain an automatic stay while your case is reviewed.
Victims of human trafficking need special help navigating the current changes in immigration law. Do not be afraid to speak with an immigration attorney if a human trafficker has victimized you or a family member. A Tuscaloosa T-visa lawyer at the Solano Law Firm could help you start your T-visa application and protect your legal rights. En Español.
Contact us today for a free consultation.