Severe Form Of Trafficking
The facts must fit the federal definition of a severe form of trafficking in persons, including qualifying sex trafficking or labor trafficking.
T nonimmigrant status can provide immigration protection to certain survivors of severe forms of human trafficking who meet the federal requirements.
The legal analysis can involve the trafficking conduct, physical presence, law-enforcement cooperation requirements, hardship if removed, admissibility issues, and qualifying derivative family members.
A T Visa is a temporary immigration status for certain victims of severe forms of trafficking in persons. Eligibility depends on the specific trafficking facts and the federal statutory requirements, not simply on whether someone has experienced exploitation or abuse.
A T Visa filing should connect the facts to the statutory elements and explain why each eligibility requirement is satisfied.
The facts must fit the federal definition of a severe form of trafficking in persons, including qualifying sex trafficking or labor trafficking.
The applicant must satisfy the applicable physical-presence requirement tied to the trafficking or qualifying participation in an investigation or prosecution.
Many adult applicants must comply with reasonable requests for assistance unless a statutory exception applies.
The case may need to establish extreme hardship involving unusual and severe harm if the applicant were removed from the United States.
Prior entries, immigration history, criminal issues, or other inadmissibility grounds should be reviewed before filing.
Some qualifying relatives may be eligible for derivative T status depending on the principal applicant's age and circumstances.
T Visa preparation can involve declarations, immigration records, law-enforcement materials, medical or counseling records, employment evidence, communications, financial documents, witness statements, and other proof.
Entries, visas, I-94 records, USCIS notices, prior applications, removal documents, and current immigration-court filings.
Messages, photographs, work records, financial records, travel records, threats, contracts, advertisements, or other evidence tied to force, fraud, coercion, or exploitation.
Police reports, investigative records, prosecutor communications, court records, or documentation showing requests for assistance and cooperation.
Medical, psychological, counseling, family, financial, safety, and country-condition evidence may be important.
The filing should be built around the complete legal record rather than a form-first approach.
Compare the facts to the federal trafficking definitions and identify the strongest legal theory.
Analyze entries, prior applications, court history, removals, and any inadmissibility issues that could affect the case.
Prepare the declaration and supporting records needed to document trafficking, presence, cooperation, hardship, and eligibility.
Prepare Form I-914 and related filings, address derivative family issues, and plan for work authorization and possible future adjustment.
The filing strategy should account for any immigration-court case, detention history, prior entries or removals, criminal record, derivative family members, and other forms of humanitarian relief that may be relevant.
T nonimmigrant status is a form of immigration protection for certain victims of a severe form of trafficking in persons who meet the statutory requirements. Depending on the case, it can provide lawful status, work authorization, and a possible later path to permanent residence.
Federal law generally addresses sex trafficking involving a commercial sex act induced by force, fraud, or coercion, or involving a person under 18, and labor trafficking involving recruitment, harboring, transportation, provision, or obtaining of a person for labor or services through force, fraud, or coercion for involuntary servitude, peonage, debt bondage, or slavery.
Many adult applicants must comply with reasonable requests for assistance in the investigation or prosecution of trafficking unless an exception applies. The requirement is fact-specific, and the record should be reviewed before filing.
Some principal T Visa applicants may seek derivative status for qualifying family members. Which relatives can qualify depends on the principal applicant's age and circumstances.
A person granted T nonimmigrant status may later be eligible to apply for adjustment of status after satisfying the required period of physical presence and the other statutory requirements.
Crime-victim immigration protection when qualifying criminal activity and helpfulness requirements are involved.
Self-petition relief for certain abused spouses, children, and parents of U.S. citizens or permanent residents.
Removal defense when trafficking-related relief must be raised in immigration court.
Tell us what happened, where the trafficking occurred, whether law enforcement or another agency is involved, whether you are currently safe, and whether you have any immigration-court or detention issues.
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