T Visa for Victims of Human Trafficking
If your presence in the United States is the result of human trafficking, you may be eligible for a T visa. This type of visa has dual purposes:
● A T visa is intended to ensure your safety, keeping you from being sent back to a situation in your home country that could be a threat to your well-being
● The visa is also aimed at allowing you to stay in the country while you assist law enforcement in an investigation
The T visa is valid for a four-year time period. Hopefully, by the time that this visa would lapse, you would have qualified for a green card.
Forms of Human Trafficking
You may be eligible to apply for a T visa if you have been the victim of severe human trafficking. Here, there are two major types of severe trafficking that could meet the requirements, involving sex or forced labor.
In any form of human trafficking, the following may be involved:
● Force involves the use of violence or threats of violence
● Fraudulent activity that is trafficking by deception
● Coercing you to engage in certain activities
Trafficking not only involves the initial act that places you into the situation, but it also includes the illegal activity that you have been forced into.
Who Is Eligible for a T Visa?
Certain victims of human trafficking may be eligible for a T visa. The eligibility requirements for a T visa are as follows:
● Be a victim of a severe form of human trafficking.
● Be physically present in the U.S. or at a port of entry on account of trafficking.
● Comply with reasonable requests from law enforcement to assist in the investigation or prosecution of trafficking (unless under 18 or unable due to trauma).
● Demonstrate extreme hardship if removed from the U.S.
● Be admissible to the U.S., or apply for a waiver of inadmissibility
Key Benefits of a T Visa
A T Visa would allow you to live and work in the United States. You would not be required to apply for work authorization. It does not matter how or when you entered the country, even if it was illegally. During the four-year period while your T visa is active, you are protected from deportation.
The T visa is also a path to permanent residency in the United States. After three years, you can apply for a green card, which is a step on the path to citizenship. You can also apply for certain family members to be able to join you in the United States. Finally, you are also eligible for federal benefits, such as food stamps and Medicaid.
How Do You Apply for a T Visa in Las Vegas?
There is a special form that you need to file to apply for a T Visa. You must submit the Form I‑914 (T Nonimmigrant Status) and any supplements (e.g., I-914B for certifications). Your application should include supporting documentation that demonstrates that you meet the criteria for a T visa, which include:
● Your personal statement that describes the trafficking to which you were subjected
● Proof that you have responded to law enforcement’s requests for information about the trafficking
● Evidence that you meet other requirements for a T visa
● Civil documents regarding your situation, when the process requires them
Your T visa attorney will review your situation to help you put together the full package of documents that could persuade USCIS to approve your application. A T visa lawyer knows what may be persuasive in your current situation.
T Visa Processing Time
The exact time for your T visa to be processed and approved relies on many factors that are outside of your control. You are dealing with a government agency, and its employees are dealing with many applications like yours. Accordingly, the time period may vary based on the situation at USCIS.
Typically, a T visa can take between one to three years to process, although the outer end of this timeframe happens in very rare circumstances. USCIS publishes rough guideposts on its website that tell you how long it has taken to process recent applications in certain categories.
What Happens After a T Visa Is Approved
After a T visa is approved, you will have lawful temporary status in the United States for up to four years. Along with the T visa, you would also be granted authorization to work through an Employment Authorization Document. During this time, you can live, work, and receive certain public benefits, including access to job training and housing assistance. If eligible, your qualifying family members may also receive T visas and protections similar to those you have.
After three years of continuous presence in the U.S. under the T visa, or sooner if the trafficking investigation or prosecution is complete, you may apply for lawful permanent residence. This transition requires meeting additional requirements, such as maintaining good moral character and continuing to meet admissibility standards. You may still need to continue to assist law enforcement during this time if the investigation is ongoing.
The Importance of Working with a T Visa Lawyer
The entire reason for a T visa is to protect your life and safety because you have been victimized. Thus, you cannot afford to leave anything to chance. At the same time, you need to present your most persuasive case to USCIS to increase the chances they approve your application.
It can be intimidating to deal with a government agency on your own, especially when the stakes are so high. You should not try to take any risks because it is not a stretch to say that your life could be on the line.
When you hire a T visa lawyer for your case, they can do the following:
● Evaluate your eligibility for a T visa based on your situation and requirements
● Help you prepare your application and the supporting documentation to submit to USCIS
● Act as your legal representative when you are communicating with both USCIS and law enforcement
● Assist you if you have other qualifying family members who you want to apply for a United States visa
● Help you in responding to any Requests for Evidence if USCIS has any concerns about your application
● File an appeal on your behalf if USCIS denies your application
Book a Consultation with Our Las Vegas T Visa Lawyer
If you have been a victim of human trafficking, it is imperative that you speak with an experienced attorney as soon as possible. You may have more legal options than you think, but it is extremely important that you are aware of them early in the process. When you speak with a Las Vegas T visa attorney, they can review your situation and let you know whether you may qualify for this type of visa.A Las Vegas T visa attorney at the Law Offices of Hayoon Kane, PLLC can provide you with timely legal counsel and advocacy. You can schedule a free case review with a T visa lawyer by sending us a message online or by calling us today at (702) 463-7630.
