As cases of human trafficking continue to be brought to light, it is important to understand the resources and options available to victims. The US Citizenship and Immigration Services (USCIS) offers a T nonimmigrant status for victims of human trafficking, providing them with temporary immigration relief and access to certain benefits and services.
If you or someone you know is a victim of human trafficking, here are some frequently asked questions and answers about the T nonimmigrant status:
Q: What is the T nonimmigrant status?
A: The T nonimmigrant status is a temporary immigration status that allows victims of human trafficking to stay in the United States for up to 4 years. It is also known as the T visa.
Q: Who is eligible for T nonimmigrant status?
A: To be eligible for T nonimmigrant status, you must be a victim of severe human trafficking, physically present in the United States due to the trafficking, and willing to cooperate with law enforcement in the investigation and prosecution of the trafficking.
Q: What is considered “severe human trafficking”?
A: Severe human trafficking includes situations where a person is forced, coerced, or deceived into performing labor or services, or engaging in commercial sex acts. It also includes situations where a person is under the age of 18 and is induced or forced into commercial sex acts.
Q: Can family members of the victim also receive T nonimmigrant status?
A: Yes, certain family members may also be eligible for T nonimmigrant status as derivatives of the victim. This includes spouses, children under 21, and parents of victims under 21.
Q: What benefits and services are available to T nonimmigrant status holders?
A: T nonimmigrant status holders may be eligible for employment authorization, access to public benefits, and certain federal and state benefits and services. They may also be able to apply for lawful permanent residence (green card) after three years in T nonimmigrant status.
Q: How do I apply for T nonimmigrant status?
A: To apply for T nonimmigrant status, you must file Form I-914, Application for T Nonimmigrant Status, with USCIS. You must also submit evidence to support your eligibility, such as a personal statement, police reports, and any other documentation related to the trafficking.
Q: Is there a fee for the T nonimmigrant status application?
A: No, there is no fee for the T nonimmigrant status application. However, there may be fees for other forms and services related to the application process.
Q: Can I apply for T nonimmigrant status while in removal proceedings?
A: Yes, you may apply for T nonimmigrant status while in removal proceedings, or while in the custody of Immigration and Customs Enforcement (ICE).
Q: Will my immigration status be shared with law enforcement if I apply for T nonimmigrant status?
A: USCIS is committed to protecting the privacy and safety of victims of human trafficking. Information provided in a T nonimmigrant status application will not be shared with immigration enforcement agencies for the purpose of removal proceedings.
If you or someone you know is a victim of human trafficking and is interested in applying for T nonimmigrant status, it is important to seek assistance from a qualified immigration attorney or a certified organization. They can help guide you through the application process and ensure that your rights and safety are protected. For more information, visit the USCIS website or contact their National Human Trafficking Hotline at 1-888-373-7888.