To protect our client’s confidentiality, we omitted or changed identifying information and certain case details. Every immigration case is different, and past results do not guarantee a similar outcome.
Human trafficking does not always look like kidnapping or physical confinement. It can involve forced labor, threats, violence, withheld identity documents, financial control, or fear of immigration consequences.
In this case, Odunlami Law helped a trafficking survivor pursue T nonimmigrant status despite a complicated immigration and criminal history. After the firm submitted the application and supporting evidence, U.S. Citizenship and Immigration Services determined that the application was bona fide.
This was an important step in the client’s case, but it was not a final approval of T nonimmigrant status.
T Visa Case Study: The Client’s History of Exploitation
Our client originally entered the United States legally as a visitor. While still a teenager, he began working in several jobs and experienced exploitation.
Years later, he accepted a driving job. He eventually learned that the people employing him were involved in serious criminal activities. As the situation became increasingly dangerous, he tried to leave.
Shortly after expressing his intention to leave, the employers entered his home, held him at gunpoint, physically assaulted and restrained him, and threatened his life. They also kept his passport to increase their control over him.
Under these threats, the client was forced to continue working.
The client later experienced legal and immigration problems connected to the circumstances surrounding his traffickers. He was eventually removed from the United States. After returning years later without inspection or parole, he experienced further victimization by smugglers.
His history was complicated, but those complications did not prevent Odunlami Law from carefully examining whether trafficking-based immigration relief might be available.
The Immigration Issue
A T visa is a temporary immigration benefit available to certain victims of a severe form of human trafficking who meet the applicable legal requirements.
Eligibility depends on more than whether someone experienced exploitation. Depending on the circumstances, a principal applicant may need to demonstrate that:
- The person was a victim of a severe form of trafficking.
- The person is physically present in the United States because of the trafficking.
- The person complied with reasonable requests from law enforcement, unless an exception applies.
- Removal would cause extreme hardship involving unusual and severe harm.
- The person is admissible to the United States or qualifies for an applicable waiver.
Because this client had a complicated immigration and criminal history, the legal analysis required more than documenting the trafficking itself. The firm also had to identify and address possible grounds of inadmissibility.
How Odunlami Law Approached the Case
Odunlami Law reviewed the client’s complete personal, immigration, employment, and criminal history. That comprehensive review helped the firm identify potential eligibility for T nonimmigrant status.
The firm filed:
- Form I-914, Application for T Nonimmigrant Status
- Form I-192, Application for Advance Permission to Enter as a Nonimmigrant
Form I-192 was important because certain applicants seeking T nonimmigrant status may need permission to overcome applicable grounds of inadmissibility.
Rather than reducing the case to one violent incident, the firm presented the full pattern of recruitment, exploitation, coercion, threats, control, forced labor, and immigration vulnerability.
“Trafficking cases often involve years of fear, exploitation, immigration problems, and experiences that are difficult for a survivor to explain. Our responsibility is to understand the whole story, identify the legal issues, and present the evidence with accuracy, care, and respect for the person behind the application.”
— Immigration Attorney Ifeoma Odunlami, Founder and Lead Attorney Odunlami Law
Evidence Presented to USCIS
The application included substantial supporting documentation, such as:
- A detailed personal statement describing the exploitation and trafficking
- Documentation concerning the traffickers’ arrests
- News articles and other records concerning the traffickers’ criminal activity
- Records addressing the client’s immigration history
- Documentation addressing the client’s criminal history
- Evidence of good moral character
- Evidence relevant to the requested waiver of inadmissibility
Together, this evidence provided USCIS with a more complete account of what happened, how the traffickers controlled the client, and why the client’s immigration and criminal history needed to be considered in the context of his trafficking experience.
The Result: USCIS Made a Bona Fide Determination
USCIS issued correspondence determining that the client’s T visa application was bona fide.
A bona fide determination is an important development, but it is not final approval of T nonimmigrant status. USCIS uses the bona fide determination process to evaluate whether a pending Form I-914 meets the applicable initial requirements. USCIS may then consider qualifying applicants for deferred action and employment authorization while the application remains pending.
The client’s Form I-914 and related requests remain subject to further USCIS review before any final decision on T nonimmigrant status.
Can a Trafficking Victim Qualify With a Complicated Immigration or Criminal History?
Potentially. A complicated history does not automatically mean that a trafficking survivor has no immigration options.
The answer depends on several factors, including:
- The nature and severity of the trafficking
- Why the person is physically present in the United States
- The person’s interactions with law enforcement
- The details of any arrests or convictions
- The person’s prior entries, departures, or removal history
- Which grounds of inadmissibility apply
- Whether the person may qualify for a waiver
- The strength and credibility of the supporting evidence
Some criminal or immigration issues may be addressed through a waiver, but not every problem can be waived and not every trafficking victim qualifies for T nonimmigrant status. A careful legal review is essential.
Why This Case Matters
Trafficking survivors do not always recognize themselves as victims. Some believe that human trafficking only involves sex trafficking or kidnapping. Others blame themselves because they initially agreed to take a job, accepted help entering the country, or became involved in conduct directed by their traffickers.
This case illustrates why an attorney should examine the person’s entire history. That review may uncover force, fraud, coercion, threats, withheld documents, forced labor, or other facts that could support a trafficking-based immigration application.
It also demonstrates the importance of:
- Listening carefully to the client’s complete story.
- Recognizing possible labor trafficking and coercion.
- Gathering independent evidence that supports the client’s account.
- Addressing criminal and immigration complications directly.
- Requesting applicable waivers when legally available.
- Presenting the client as a complete person, not simply a record of immigration violations or past charges.
Talk to a T Visa Lawyer About Your Immigration Options
If someone forced, threatened, deceived, or controlled you for labor or commercial sex, immigration protection may be available. You may still have options even if you entered without inspection, were previously removed, worked without authorization, or have a criminal record.
However, T visa eligibility depends on the specific facts and legal requirements. Do not assume that you qualify – or that your history automatically disqualifies you – without obtaining individualized guidance.
Odunlami Law represents immigration clients throughout the United States. Contact Odunlami Law to schedule a confidential consultation and learn more about your options. Odunlami Law handles nationwide immigration cases and New Jersey divorce and family law cases. Call Odunlami Law at (973) 993-1900.
FAQs About T Visa
What is T nonimmigrant status?
T nonimmigrant status is a temporary immigration benefit for certain victims of a severe form of human trafficking who satisfy the legal requirements. It may allow an eligible survivor to remain temporarily in the United States and obtain employment authorization.
Does a bona fide determination mean that the T visa was approved?
No. A bona fide determination is not final approval of T nonimmigrant status. It means USCIS determined that the pending application met the requirements for a bona fide determination and may be considered for related interim protections while USCIS continues processing the case.
Can I apply for a T visa if I have a criminal record?
Yes. A criminal record does not always make a person ineligible, but the effect depends on the specific offense, disposition, surrounding circumstances, and available waivers. An immigration attorney should review the complete record.
Can a prior deportation or unlawful entry affect a T visa application?
Yes. Prior removal and unlawful entry may create important immigration issues, but some applicants may be eligible to request a waiver through Form I-192. Eligibility depends on the individual facts and applicable law.
Is a law enforcement certification required for a T visa?
A law enforcement declaration can be valuable evidence, but USCIS does not generally require it as the only way to prove eligibility. Applicants must still provide credible evidence addressing the applicable T visa requirements.
