Non-citizen victims of human trafficking have an opportunity to become lawful permanent residents of this country under federal law. Thanks to something known as a T-visa, an immigrant who has experienced “severe” human trafficking might have a path to relocate to the U.S. for good.
If you believe you qualify for a T-visa, now is the time to seek the help of a compassionate undocumented crime victim attorney. The law is complex, and these applications are not always successful. A Groveland T-visa lawyer could help you improve your chances of a positive outcome.
While this behavior is always extreme, the term “human trafficking” is broad and can mean different things to different people. Relief provided by a T-visa is only available to those who have experienced human trafficking that is severe.
Two distinct types of extreme trafficking can make someone eligible for this type of visa. The first involves commercial sex acts that are not consensual. This definition includes harboring, transporting, recruiting, or patronizing someone for sex as a financial transaction through force, fraud, or coercion.
The second category is not related to commercial sexual activity at all. Instead, this category covers any individual who is made to perform manual labor without compensation or consent. A Groveland attorney could help someone facing either scenario pursue a T-visa.
One of the benefits of hiring a Groveland lawyer is that they can advise on T-visa eligibility requirements. Not everyone, including some victims of human trafficking, is eligible.
Being a victim of either sex or labor trafficking is a critical aspect of these qualifications, but there are other factors to consider. For example, an applicant must be physically located in the United States. There must also be evidence that the denial of a petition could lead to an individual facing extreme hardship if they are required to return to their country of origin.
Finally, there is a requirement to assist law enforcement as needed. This might be as simple as answering questions or testifying against a ring of criminals involved in trafficking. Some exemptions for this element are available for victims under the age of 18.
Victims of human trafficking can benefit greatly from the approval of their T-visa application, which primarily involves protection from deportation. The threat of removal from the United States is always present for anyone living in the country without legal status, even for those who have been victimized.
These protections are not permanent; the visa expires after four years. The good news is that, in addition to avoiding deportation, this program also provides an applicant with a path to getting a green card three years after a T visa approval. The non-citizen also receives work authorization while the application is pending, and certain family members also stand to benefit as derivatives of the T-visa “principal” applicant.
The federal government often benefits from this arrangement as well. In some situations, victims of human trafficking are important witnesses in criminal prosecutions. This is one avenue available for federal agents to ensure their witnesses are able to remain in the country to testify.
No one should have to face the horrors of human trafficking. Those who do may be entitled to protection under federal law, but there are qualifications that must be met.
Let a Groveland T-visa lawyer answer your questions and advise you on how to proceed. Call today to learn more.