Immigration Benefits for Trafficking Victims

• Who is eligible?
• What are the basic requirements?
• Immigration Help for Victims of Trafficking

The T Visa allows eligible trafficking victims to remain in the US for 3 years. Approved applicants may petition for their qualified immediate relatives to join them in the US for the same duration.  T Visa holders receive all benefits and protections normally available to refugees (including Refugee Cash and Medical Assistance, Federally-Funded Public Benefits, and Individual Development Accounts).

At the end of the 3-year period, T Visa holders may apply to adjust their status to Legal Permanent Resident, and thus remain in the US indefinitely. To qualify for Adjustment of Status, the applicants need to show that they have stayed in the US (except for short trips), have not committed any crimes, and have complied with reasonable requests from law enforcement during the 3 year T Visa period.

Who is Eligible?

“Victims of a severe form of trafficking in persons,” including victims of sex trafficking and labor trafficking.  The relevant definitions are found in the TVPA.  Eligible sex trafficking victims were (a) recruited, harbored, transported, provided, or obtained for commercial sex acts, through (b) force, fraud, or coercion to induce performance of commercial sex acts OR induced to perform a commercial sex act when under the age of 18.  Eligible labor trafficking victims are those who (a) were recruited, harbored, transported, provided or obtained for labor or services, (b) through the use of force, fraud, or coercion, and (c) for the purpose of subjecting them to involuntary servitude, peonage, debt bondage or slavery.

Victims can also apply for their spouse (T-2), children (including step-children) under 21 years old (T-3), or parents (if the victims is under 21) (T-4). The Principal Applicants (victims) are referred to as T-1.  Principal Applicants must demonstrate that failure to admit their immediate relative(s) to the US would result in “extreme hardship” to the Principal Applicant or to the family member(s).

What are the Basic Requirements?

Each T-1 applicant must show that he or she:

• Is a victim of a severe form of trafficking in person (as defined above);
• Is physically present in the U.S. due to trafficking;
• Has complied with any reasonable request for assistance in the investigation or prosecution of acts of trafficking in persons; and
• Would suffer extreme hardship involving unusual and severe harm if removed from the US.

Immigration Help for Victims of Trafficking

D.Ray Mantle assists immigrants who have been victims of severe forms of trafficking in obtaining positive immigration results in a timely, personal, and professional manner. Your individual circumstances are carefully reviewed by an experienced immigration attorney to determine which options are available to you. Mr. Mantle provides guidance and help in gathering the necessary information and documents for your case, prepares all of the necessary application forms, and also ensures that your final application meets all government requirements.

If you would like to understand more about the application process and to find out if you qualify for immigration benefits, please contact D.Ray Mantle for a consultation.