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Victims of Human Trafficking may qualify for a T Visa

The T Non-immigrant

Visa, or T Visa (Form I-914), is a temporary immigration benefit that allows certain victims of severe form of human trafficking to remain in the United States up to four years if they have assisted law enforcement in an investigation or prosecution of human trafficking. The overall goal of this program is to help individuals who are victims of human trafficking to come forward and help law enforcement in the prosecution of these criminals and helps reduce the fear of the removal. Here are some circumstances that may qualify you to be an application for a T Visa, however, we highly encourage you to set up an appointment with our office to make sure you qualify for a T Visa.

USCIS checks applicants for three categories of trafficking criteria which are the process, ways and means, and goal.

  • Process is going to be the means the specific activity of trafficking a person. This refers to the type of trafficking method which could be recruitment, transportation, or transferring, harboring, or receiving a person.

  • Ways and means involves the manners of persuading, deceiving, or forcing the victims. Ways and means includes threats, coercion, abduction, fraud, deceit, deception, or abuse of power.

  • Lastly are the goals which is the purpose of trafficking. This category involves sex and labor trafficking which may include any of the following: prostitution, pornography, violence, or sexual exploitation, forced labor, involuntary servitude, debt bondage, or slavery.

Overall human trafficking victims must cooperate with law enforcement when it comes to the investigation of their case. The only exceptions exist for minors (which is victims under the age of 18) and those with physical or psychological trauma that can prevent the applicant from cooperation.

Finally, a T Visa application requires that the victim has to show that they have experienced substantial physical or mental abuse due to their trafficking and that if they were removed from the United States wit will cause “extreme hardship” for them.

Some examples of extreme hardships are:

  • Medical or psychological needs that will not be met in their country of origin

  • Lack of government protection from further harm

  • Refusal by government to prosecute their traffickers

  • Social stigma in the country of origin as results of trafficking circumstances

Victims of human trafficking are some of the most vulnerable categories when it comes to undocumented immigrants. Majority of the time these individuals are forced to live in the shadow of society due to threats of violence, poverty, removal, or other types of retaliation. The Law Office of Travis Helm is here to help light the path out of the shadows and into a more stable and safer environment. Call us today at 307-460-2032 to see if you would be able to file a T Visa.

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