T Visa Attorney Assisting Victims of Human Trafficking to Establish Legal Status in the United States

Recovering from the trauma of human trafficking can be challenging, but avenues for rebuilding are available. Through a T visa, victims can attain legal status, access new opportunities, and potentially pave the way toward permanent residency. For assistance and insight into whether the T visa is a viable option for you, contact Delgado Avalos Law Firm today.

Call Delgado Avalos Law Firm to find out whether a T visa could be an option for you.

What Is the Purpose of a T Visa?

Introduced in 2000 under the Victims of Trafficking and Violence Protection Act, the T visa is a non-immigrant visa designed for victims of human trafficking. It applies to various forms of forced servitude, including labor and sex trafficking.

The T visa permits victims to temporarily stay in the United States, shielding them from deportation while they aid authorities in investigating these crimes. By providing valuable information, victims contribute to prosecuting traffickers and combating human trafficking, a crime taken seriously by U.S. authorities. Whether the trafficking occurred recently, or several years ago, if you possess relevant information, a T visa might be an option for you.

Who Is Eligible to Apply for a T Visa?

The primary eligibility criterion for a T visa is victimhood resulting from human trafficking, encompassing both labor and sex trafficking. Meeting other requirements is also essential. To apply for a T visa, you should be present in the United States, the Commonwealth of the Northern Mariana Islands, American Samoa, or a U.S. port of entry.

Additionally, you must demonstrate cooperation with law enforcement and a commitment to assisting throughout their investigations and prosecution of traffickers. Admissibility to the U.S. is crucial, meaning a lack of disqualifying criminal history and good health. In some cases, a waiver might be attainable even if you’re otherwise ineligible.

Can I Include My Family Members in My Application?

The U.S. Citizenship and Immigration Services permits certain family members to be included in your T visa application if they face immediate danger due to your escape from trafficking or cooperation with law enforcement. Qualifying family members include unmarried minor siblings, parents, and children of those who have received derivative T visas. If your family members aren’t in immediate danger, there’s still potential to apply for them. Applicants under 21 can apply for a spouse, parents, unmarried minor siblings, and unmarried children under 21. For applicants 21 and over, eligibility extends only to spouses and unmarried children under 21.

Do I Need Certification From Law Enforcement?

While not mandatory, a certification from law enforcement can bolster your application for a T visa. You can submit Form I-914, a declaration from a law enforcement officer affirming your victim status and willingness to cooperate. However, if this certification is unavailable, you can provide alternate evidence, such as court records, police reports, and affidavits, to substantiate your case.

Do I Need to Apply for Employment Authorization?

Principal T visa applicants who are approved for T non-immigrant status need not apply for separate employment authorization; the ability to work is automatically conferred. However, qualifying family members of the principal applicant must apply separately for work permits to legally seek employment in the U.S.

How Long Does a T Visa Last?

A T visa is valid for four years from the date of approval, though this doesn’t necessarily require you to leave the country upon expiration. Extensions may be possible, and you might even qualify for an adjustment of status to obtain a Green Card. To do so, you typically need three years of continuous physical presence in the U.S. after T visa approval, along with meeting other requirements. If you’re uncertain about Green Card eligibility, consult an immigration attorney for guidance.

If you believe you meet the criteria for a T visa, you don’t have to navigate the process alone. Contact Delgado Avalos Law Firm at 805-793-0647 to discuss your situation with an experienced member of our legal team. We’re here to assist you in scheduling an appointment with an immigration attorney and providing guidance while you await the T visa review process. Don’t let your past experiences hold you back; we’re dedicated to helping you on your path to a brighter future.