Human trafficking is a critical global issue that affects millions of individuals every year, often leaving them vulnerable and without legal protection. In response to this crisis, the U.S. government established the T visa, a vital tool designed to support survivors of extreme forms of trafficking. This blog post aims to clarify what T visas are, who qualifies, the application process, and the benefits they provide.

What is a T Visa?

The T visa is a nonimmigrant status available to individuals who have been victims of sex trafficking or labor trafficking. Applicants don’t necessarily have to have been brought to the United States for these purposes but just be in the U.S. “on account of” trafficking. Meaning the applicant’s current presence in the United States is linked to trafficking.

Sex trafficking is defined as “[w]hen someone recruits, harbors, transports, provides, solicits, patronizes, or obtains a person for the purpose of a commercial sex act, where the commercial sex act is induced by force, fraud, or coercion, or the person being induced to perform such act is under 18 years of age”

Labor trafficking is defined as “[w]hen someone recruits, harbors, transports, provides, or obtains a person for labor or services using force, fraud, or coercion for the purpose of involuntary servitude, peonage, debt bondage, or slavery.”

Benefits of the T Visa:

  1. Duration: T visas are granted for up to four years, with potential extensions available in certain circumstances.
  2. Work Authorization: Holders of a T visa can apply for work authorization, enabling them to support themselves during their stay.
  3. Path to Permanent Residency: After three years of holding a T visa or upon the completion of law enforcement investigations, individuals may apply for permanent residency (a green card).

Who Qualifies for a T Visa?

To qualify for a T visa, applicants must meet specific criteria:

  1. Victim of Severe Trafficking: The individual must be a victim of severe forms of trafficking, which includes sex trafficking or labor trafficking.
  2. Physical Presence: Applicants must be physically present in the U.S. due to trafficking.
  3. Cooperation with Law Enforcement: Individuals must be willing to assist law enforcement in the investigation or prosecution of trafficking cases, unless they are under 18 or unable to cooperate due to physical or psychological trauma.
  4. Extreme Hardship: The applicant must demonstrate that they would face extreme hardship if removed from the U.S.

Conclusion

The T visa is an essential legal remedy for victims of human trafficking, providing them not only with protection but also with opportunities for recovery and self-sufficiency. If you or someone you know may be eligible for a T visa, it’s crucial to seek legal assistance and explore the available resources.

If you believe you or someone you know might be eligible for a T visa, please reach out to Flora Legal Group in Indiana at (317) 983-3437 and in Kentucky at (502) 493-6009. We would be happy to walk you through the process!