T - Visa
At Odunlami Law Firm, LLC, we’re committed to guiding our clients through the complexities of immigration law, including the often-overlooked T-Visa. Designed as a lifeline for individuals who’ve been victims of human trafficking, the T-Visa represents not just a legal status but a beacon of hope for a safer, more secure life in the United States.
If you were a victim of human trafficking, an immigration lawyer at Odunlami Law can help you obtain a T visa so that you can pursue the freedoms the U.S. offers. While our firm is located in New Jersey, we practice nationwide. Consult with a T visa lawyer today.
What is the T-Visa?
The T-Visa offers a critical support mechanism within U.S. immigration law, providing a pathway for victims of trafficking to not only escape their servitude but also to aid in the legal process against perpetrators. This visa category is a testament to the U.S.’s commitment to fighting human trafficking and supporting victims.
Formally known as a T non-immigrant visa, the T visa was created by Congress in 2000 via the Trafficking Victims Protection Act. Victims receiving a T visa may remain in the U.S. while healing and assisting law enforcement agencies in bringing their traffickers to justice. Congress has limited the number of T visas to 5,000 annually.
T Visa Requirements & Eligibility Criteria
To be eligible for a T-Visa, applicants must meet specific criteria that evidence their situation and need for protection:
- Evidence of Trafficking: Applicants must provide proof of being subjected to trafficking tactics such as force, fraud, or coercion for labor, servitude, or commercial sex.
- Presence in the U.S. Due to Trafficking: The applicant must be in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry due to trafficking
- Cooperation with Law Enforcement: Unless under 18 or severely traumatized by the experience, the victim must be willing to assist law enforcement in the investigation or prosecution of the traffickers. This can include providing testimony, attending trial proceedings, or participating in interviews.
- Risk of Hardship: There must be substantial evidence to suggest that the applicant would face extreme hardship, such as severe harm or retaliation if they were forced to leave the U.S.
What Are the Types of Severe Human Trafficking Eligible for T Visas?
The U.S. Citizenship and Immigration Services (USCIS) breaks “severe forms of trafficking” into two categories:
Labor Trafficking
Labor trafficking involves the following, all occurring due to force, fraud, or coercion:
- Involuntary servitude: Refers to a condition in which a person is forced to work against their will under the threat of harm, punishment, or other forms of coercion. It is considered a human rights violation and prohibited under the 13th Amendment to the U.S. Constitution and international human rights laws. Those coerced to work against their will are in a state of involuntary servitude.
- Debt bondage: Bonded labor occurs when a person is forced to work to pay off a debt or obligation. This practice often traps individuals in a cycle of exploitation, as the terms of repayment are unfair, unclear, or manipulated to ensure the debt can never be fully repaid.
- Slavery: Human trafficking often involves conditions that are akin to modern-day slavery, where individuals are exploited through force, fraud, or coercion for unpaid labor. Traffickers strip victims of their freedom, subject them to inhumane treatment, and profit from their exploitation.
Sex Trafficking
Common Methods of Recruitment
- False Promises: Victims are often lured by offers of legitimate jobs or opportunities, such as a nanny, a model, or careers in entertainment.
- Kidnapping: In some cases, victims are abducted and forcibly trafficked.
- Debt Bondage: Victims are told they must “repay” costs such as transportation or housing through forced sexual acts.
- Grooming and Manipulation: Traffickers build trust through fake relationships or emotional dependency before exploiting their victims.
Domestic Servitude
Considered a form of labor trafficking, domestic servitude is a situation in which individuals are forced to work in private homes under exploitative and coercive conditions. Victims are often isolated, threatened, or manipulated, making it difficult to escape or seek help. This type of trafficking commonly affects immigrants, particularly those who arrive in the U.S. on temporary work visas or through fraudulent job offers.
Key characteristics of domestic servitude include:
- Forced Labor in Private Homes – Victims are often employed as housekeepers, nannies, or caretakers but are subjected to inhumane working conditions, including excessive hours, lack of pay, and physical or emotional abuse.
- Isolation and Restricted Movement – Traffickers may prevent victims from leaving the home, confiscate their passports or immigration documents, and limit their ability to communicate with the outside world.
- Threats and Coercion – Many victims are threatened with deportation, physical harm, or harm to their families if they attempt to escape or report their traffickers.
- Deceptive Employment Promises – Some victims are lured with false promises of fair wages and legal employment, only to find themselves trapped in exploitative conditions with no legal recourse.
Domestic servitude is a hidden but serious form of human trafficking, and victims may qualify for T visas to seek protection and legal status in the U.S.
Recognizing the Signs of Human Trafficking
How do you recognize that a person is being trafficked and may prove eligible for a T visa? The signs someone is being trafficked for labor or sex include:
- Confiscated documents: The trafficking victim has had pertinent documents, including their passports or visas, taken away from them by the trafficker or “employer.”
- Physical abuse: A person may have bruises, cuts, or other wounds, indicating the trafficker is forcing them to work against their will.
- Signs of Fear or Intimidation: Victims often live in fear. Look for signs of intimidation, such as someone being visibly nervous around authority figures, overly submissive, or expressing fear of harm to themselves or their families. Threats of violence or deportation are commonly used to control them.
- Poor living conditions: Suspect possible human labor trafficking when workers are forced to live in substandard conditions. Typically, these workers live in makeshift dwellings at their work site.
- Unsafe working conditions: Laborers forced to work in dangerous conditions or without proper safety equipment may be trafficking victims. The same holds for those compelled to work long hours without adequate compensation.
Examples of Human Trafficking Situations Eligible for T-Visa Assistance
The T-Visa is an essential tool for victims of human trafficking, offering them a chance to rebuild their lives safely within the United States. Here are specific examples of situations where individuals might utilize a T-Visa:
- Labor Trafficking in Agriculture: A 25-year-old man from Guatemala is coerced into working on a farm in California under the threat of violence and without pay. When recruited, he was promised a decent wage and working conditions but found himself in forced labor upon arrival. The T-Visa could assist him in escaping this situation, providing him with the legal ability to stay in the U.S., work, and participate in the prosecution of his traffickers.
- Sex Trafficking in Urban Centers: A woman from the Philippines is deceived by an offer for a hospitality job in New York City. Upon arrival, her passport is taken, and she is forced into commercial sex work. Fearing for her life if she returns home, she could apply for a T-Visa. This visa would allow her to come out of the shadows, receive protection while helping law enforcement with their investigation, and work towards obtaining permanent residency.
- Domestic Servitude: An Eastern European woman is brought to the U.S. as a nanny with the promise of a good salary and comfortable living conditions. Instead, she finds herself isolated, unpaid, and unable to leave her employer’s home due to threats and manipulation. A T-Visa could provide her with a pathway out of this abusive environment and a chance to rebuild her life without fear of retaliation.
- Trafficked Minors in Entertainment: A group of children from various countries are trafficked into the U.S. under the guise of joining a performance arts troupe. Once in the U.S., they are exploited and made to perform under harsh conditions, with all earnings withheld by their handlers. Minors significantly benefit from the T-Visa as they are not required to assist law enforcement to qualify. This visa would allow them to remain in the U.S., receive education, and potentially reunite with family members who may also be eligible for derivative T status.
- Construction Workers Exploited Through Debt Bondage: A man from India is lured to the U.S. for construction work, burdened with an exorbitant recruitment fee that he must work off, creating a debt he can never realistically repay. Threatened with harm if he tries to leave, his situation is a classic case of debt bondage. By applying for a T-Visa, he could gain his freedom, assist law enforcement, and eventually apply for permanent residency.
T Visa Benefits for Victims of Trafficking
Some human trafficking victims may prove eligible for a green card based on whether they were in the U.S. continuously for three years after receiving a T visa or have been physically present in the U.S. continuously during the investigation and prosecution of their traffickers and the investigation is completed.
Family members may also obtain T visas if they are in danger of retaliation. Such family members include the parents, unmarried siblings under 18, or children of eligible family members receiving T visa status, regardless of age or marital status.
Those with T visas may be able to obtain employment authorization. Specific state and federal benefits may also be available, including:
- Medicaid
- Supplemental Nutrition Assistance Program (SNAP)
- Special Supplemental Nutrition Program for Women, Infants, and Children (WIC)
- Temporary Assistance for Needy Families (TANF)
How Long Does a T Visa Last?
A T visa lasts for four years. During those years, the T visa holder may qualify for a driver’s license, attend school, seek employment, or open a bank account.
Extensions may be granted if the individual needs additional time due to:
- Law Enforcement Needs: If the applicant’s continued presence in the U.S. is required for a trafficking investigation or prosecution.
- Delays in Adjustment of Status: If the individual is awaiting the processing of their application for permanent residency (green card).
- Exceptional Circumstances: If other compelling reasons justify an extension.
After maintaining T visa status for 3 years (or earlier if the trafficking investigation is concluded), T visa holders may apply for a green card.
How to Apply for a T-Visa
comprehensive documentation to support your case:
Filing the Application
Start by completing Form I-914, “Application for T Nonimmigrant Status” You’ll need to provide detailed information about your situation, including evidence of trafficking and compliance with law enforcement requests.
Step 2
Gathering Evidence
Evidence might include a personal declaration detailing the trafficking experience, law enforcement certification (Form I-914, Supplement B), and any other documentation that supports your claim, such as medical records, police reports, or letters from shelters or advocacy groups.
Step 3
Legal Assistance
Navigating the T-Visa application process can be daunting, especially considering the complexities and sensitivities involved. That’s where we come in. Our team is experienced in handling T-Visa applications, ensuring that every client’s case is presented as firmly and compassionately as possible.
Our Commitment to You
At Odunlami Law Firm, LLC, we understand the courage it takes to come forward as a survivor of trafficking. Our goal is to provide a supportive, confidential environment where you can feel safe telling your story and seeking the protection you deserve. We offer services in both English and Spanish to ensure clear communication and understanding at every step of your journey.
Ready to Start Your
Journey to Safety?
The application process for a T-Visa requires careful attention to detail and comprehensive documentation to support your case. For example, inadequate documentation or errors on your application can result in denial. An experienced T visa lawyer at the Odunlami Law Firm will ensure that your application is filed correctly and promptly.
For more information or to schedule a consultation, contact us at 973-993-1900 or online. Let us help you take the first step toward a brighter future.