T Visa: A Guide to US Immigration Relief for Victims of Trafficking (2024)

EMAIL info@attlaw.com

(972)426-7464

EMAIL info@attlaw.com

(972)426-7464

EMAIL info@attlaw.com

(210) 890-4118

EMAIL info@attlaw.com

(346)241-0125

The T Visa is a temporary immigration benefit specifically designed for those who have complied with reasonable requests for assistance in law enforcement investigations or prosecutions of trafficking. It offers victims of trafficking a chance to rebuild their lives with dignity and support from the US legal system.

WithT Visa status, eligible individuals can:

• Reside in the USfor up to four years

• Obtain authorization foremployment

• Access certain federal benefits and services

As experienced immigration attorneys, we at Andrew T. Thomas, Attorneys at Law, understand that the T Visa represents a critical lifeline forvictims of trafficking. We are deeply passionate about supporting families and individuals through these challenging situations, helping them to secure their legal status, and taking steps towards healing and a hopeful future.

Read below to learn if you or a loved one may qualify for the T Visa and how our team can assist with your application.

Understanding Human Trafficking and the T Visa

Human trafficking is a heinous crime that operates on the principles offorce,fraud, andcoercionto exploit individuals for labor or sexual purposes. The US offersT visasto protect victims of such severe forms of trafficking. TheT Visais part of theVictims of Trafficking and Violence Protection Act (TVPA), a landmark legislation demonstrating our nation’s commitment to individuals who faceextreme hardshipdue to trafficking.

At Andrew T. Thomas, Attorneys at Law, we are acutely aware of the suffering caused by this modern-day form of slavery, which includes bothsex traffickingandlabor trafficking. For us, it is not just about legal advice but ensuringprotectionand due care fortrafficking victims. Our dedicated lawyers strive to support the victims throughout their recovery journey, diligently working to help them regain control of their lives and seek the justice they deserve.

Eligibility for the T Visa

Understanding theeligibility criteria for the T nonimmigrant statusis crucial in providing our clients professional assistance. Eligibility for the T visa hinges on several critical criteria:

• Presencein the US as a result of trafficking.

• Compliance with reasonable requests to further assist law enforcement in investigations or prosecutions of trafficking cases.

• Victims of a severe form of trafficking, which can be sex or labor-related.

• Substantial risk of retribution or hardshipif removed from the US.

Your cooperation withfederal, state, or local law enforcement agencies is imperative for lawful immigration status unless you are exempt due to age or severe harm suffered.

Family members may also be eligible:

• For applicants under twenty-one years of age,parents,spouses,children, orunmarried siblingsunder 18 may be considered.

• For applicants over twenty-one,spousesandchildrenare eligible for derivative status.

The US Citizenship and immigration services (USCIS) guidelines provide a pathway for individuals to adjust their status and obtain lawful permanent residence after certain conditions are met.

Step-By-Step Guide to Applying for a T Visa

A T Visa application process involves several steps and close attention to detail. As experienced immigration attorneys, we are here to walk you through theapplication process.

1. Eligibility assessment: We assess if you qualify as a victim of severe human trafficking, cooperating withlaw enforcementwhen possible. This may involve providingpolice reportsoraffidavits. Acertificationfrom a law enforcement officer can bolster your case.
2. Completing the application:We guide you through filling outForm I-914, Application for T Nonimmigrant Status. Supplement A is also necessary for qualifying family members.
3. Additional documentation:In this step, you gather the requireddocumentationto demonstrate eligibility. We help organize evidence of trafficking and personal statements. In some instances, afee waivermight be applicable.
4. Applying: We send the complete application packet to the designated USCIS processing location.
5. Applying for employment authorizationconcurrently or subsequent to your T Visa application: As your work visa attorney, we can help apply for anEmployment Authorization Document (EAD), commonly known as awork permit.
6. Follow-up and adjustment of status:After filing, we monitor your case, respond to requests from USCIS, and prepare for potential hurdles, such as issues withForm I-192inadmissibility waivers. We also work with you to prepare anapplication to adjust your status.
7. Permanent residence: When certain conditions are met, such as complying with law enforcement investigations or prosecutions andadmissibility, you can apply for lawful permanent residence.

At Andrew T. Thomas, Attorneys at Law, we recognize the vital need for comprehensive legal protections for victims of human trafficking. Our commitment is to ensure T Visa recipients are fully aware of their rights and protections. The T visa provides access to the following immigration benefits:

Employment

The right to legal employment in the United States. We assist with obtaining yourEmployment Authorization Document (EAD)so you can work and support your family members without delay.

Protection & Continued Presence

Protection from deportation with potential for permanent residence. We work to help you secure asafe and confidential locationaway from any potential harm. Additionally, we navigate thecriminal justicesystem to support your “continued presence” in the country, which is essential for assisting with investigating and prosecuting trafficking crimes.

Legal Relief & Path to Residence

A path tolawful permanent residenceafter three years or upon completion of the criminal case, whichever comes first. This relief is pivotal, allowing you to rebuild your life with security and stability.

Legal Assistance

We offer ongoing support throughout the legal process. At our firm, your rights and well-being are at the heart of our advocacy. We are here to navigate the legal complexities on your behalf, helping you begin anew with dignity and respect.

The Importance of Legal Representation

Navigating immigration processes and the intricacies of legal proceedings can be overwhelming. Legal representation is pivotal to the success of individuals seeking immigration benefits through T visa applications.

The role of a qualified immigration attorney is multifaceted, involving diligent cooperation with the law enforcement agency, effective navigation through investigations, and a thorough understanding of ever-changing immigration laws.

Our firm recognizes the nuances in securingimmigration statusand eventualcitizenshipfor our clients. We can also offer the following services:

• Legal experience: Navigating complex immigration law requires professional knowledge to avoid pitfalls and maximize the chance of a favorable outcome.

• Representation in proceedings: We provide legal counsel and represent individuals in immigration court, providing zealous advocacy and peace of mind.

• Guidance through law enforcement cooperation: Our attorneys can facilitate cooperation with law enforcement for T visa certification and other vital components of immigration cases.

• Leveraging additional relief options: Our team of experienced attorneys can identify other forms of relief available to victims of human trafficking, such asU Visas.

Begin Your Immigration Journey: Seek Professional Help

Entrusting your case to our professional care may significantly influence your journey toward lawful residency in the US At Andrew T. Thomas, Attorneys at Law, our commitment to our clients is unwavering, and our success is rooted in our passion to reunite families and ensure they are provided the sanctuary they deserve. We encourage anyone facing immigration challenges to seek dedicated legal assistance from our immigration attorney in Texas,who can guide them through these complex proceedings.

If you are seeking information on T-nonimmigrant status and require confidential legal advice, contact us today. Our firm is ready to assist with acustomized approachtailored to your and your other family members’ needs.