Visa for Victims of Human Trafficking
Requirements, Benefits, Limitations, Forms and Green Card Requirements
The T-1 visa is a non-immigrant visa created to assist victims of human trafficking. The T-1 visa allows victims who were brought to the United States through human trafficking to stay in the U.S. in order to assist authorities with the investigation and prosecution of a trafficking case. This visa was creating in hopes that victims will come forward to authorities without the fear of deportation.
Benefits of the T-1 Visa
- The T-1 visa is good for 3 years from the date of issue.
- T-1 visa holders may apply for a green card if certain requirements are met.
- Dependents of the T-1 visa holder are allowed to apply for a T-2 visa (for a spouse), T-3 visa (for unmarried children under 21) or a T-4 visa (parents if the T-1 visa holder is under 21).
- All agencies with the Department of Homeland Security (DHS), such as USCIS, are required by law to keep all T visa applications and U visa (for victims of violent crimes) applications confidential.
- The T-1 visa is non-renewable. However, a T-1 visa holder may apply for a change of status to permanent resident.
- The victim must be directly involved in a case of human trafficking, forced labor or the sex trade.
- The T-1 applicant must report the crime of human trafficking to law enforcement.
- The applicant must be in contact with local and federal law enforcement regarding a trafficking case. Only federal agencies can investigate a human trafficking case.
- You must be a victim of a severe form of human trafficking.
- You must be physically present in the U.S. as a result of human trafficking.
- You must comply with reasonable requests from authorities in prosecuting the case.
- Form I-914, Application for T Non-immigrant Status
- Present evidence that the T-1 visa holder would suffer extreme hardship if removed from the U.S.
T-1 Green Card Requirements
- T-1 visa holder must have been present in the U.S. continuously for 3 years since the T-1 status was given.
- Remained in good moral character while in the U.S.
- T-1 visa holder has assisted authorities with the human trafficking investigation and prosecution of the case.
- The victim must prove that they will suffer extreme hardship if removed from the U.S.
- The T-1 visa holder must be admissible to the U.S. as a permanent resident.
- Form I-485, Application to Register Permanent Residence or Adjust Status must be filed with USCIS.
Given the high stakes of the outcome of your T-1 visa application, it is important to understand your rights and your obligations under the law. If you are ready to begin the application process or have questions, then contact us today to schedule a call or a meeting. We are more than happy to call you wherever you are in the world at no cost to you.