What is a T-Visa Nonimmigrant?

A T-Visa nonimmigrant is a program that was established by the U.S. government to enable persons who have been subjected to either human trafficking or modern-day slavery, to have the opportunity to gain legal entry and remain in the United States. Victims of human trafficking, also known as “trafficking survivors,” may be eligible to receive a T-visa if they meet certain criteria.

What Is The Purpose of The T-VISA Nonimmigrant Program?

The T-VISA nonimmigrant program is specifically designed to help protect alien victims of both human trafficking and modern-day slavery. The program provides certain rights and benefits that will assist them to adjust in their new environment, and to eventually become full members of society. This includes providing the victims with assistance such as temporary housing and job placement, and eventually obtaining a pathway to citizenship.

Who Is Eligible to Receive a T-Visa Nonimmigrant?

The T-Visa is available to any foreign national who meets the criteria of having been a victim of a “severe form” of human trafficking. Applicants for the T-Visa must meet three primary criteria:

  • The victim must be a human trafficking victim, meaning they were subject to force, fraud, or coercion, and has made efforts to end and escape from the trafficking situation.
  • The victim must have complied with all reasonable requests and demands from law enforcement to assist in investigating and prosecuting the traffickers.
  • The victim must show that they will suffer “extreme hardship involving unusual and severe harm” if they are removed from the United States. This can include psychological or physical harm due to the trafficking experience.

What Benefits Does A T-Visa Nonimmigrant Provide?

The T-Visa nonimmigrant provides several key benefits to victims of human trafficking:

  • The T-Visa offers protection from deportation for up to four years.
  • The T-Visa provides authorization to work in the United States with an Employment Authorization Document.
  • The T-Visa grants access to public benefits such as health care, job training, education, and social services.
  • The T-Visa also provides a pathway to a green card and eventually U.S. citizenship.

How To Apply For The T-Visa Nonimmigrant?

In order to apply for the T-Visa nonimmigrant program, applicants must first fill out the Form I-914, Application for T Nonimmigrant Status. This form must be accompanied by a detailed statement, providing evidence of the victim’s severe trafficking experience, as well as evidence proving that the applicant has complied with all reasonable requests from law enforcement to help in the investigation and eventual prosecution of the traffickers. In addition, a medical exam or psychological assessment from a licensed doctor or professional may be required to help determine if the applicant has suffered from “extreme hardship involving unusual and severe harm.”

Applicants must also provide two forms of government-issued photo identification, as well as fingerprints for both themselves and any dependents included in the application. Documents must be presented in the form of either English-language translations or original translations from a certified translator.

Cost of Applying for T-Visa Nonimmigrant

The fee for the T-Visa application is $1,525, which must be paid when submitting the application. Additionally, there may also be a $85 fee for the biometrics/fingerprinting of the applicant and any accompanying dependents. The fee must be made payable to the Department of Homeland Security (DHS).

How Long Does The T-Visa Nonimmigrant Last?

The T-Visa nonimmigrant program provides protection from deportation for up to four years. After the four-year period is complete, the applicant may apply for an indefinite extension of the T-Visa if they are still in need of protection. Additionally, after three years in the United States, a T-Visa holder may be eligible to obtain a green card, and eventually, U.S. citizenship.

Conclusion

The T-Visa nonimmigrant program is an important part of the United States’ efforts to protect victims of human trafficking and modern-day slavery. The T-Visa offers a pathway for victims of human trafficking to have legal immigration status, and provides access to vital resources such as employment and healthcare. Furthermore, it provides the opportunity to apply for a green card and eventually, U.S. citizenship. Therefore, if you or a loved one appear to meet the criteria for the T-Visa program, you should consider applying as soon as possible.

What are the qualifications for a T-Visa nonimmigrant?

In order to qualify for a T-Visa, an individual must meet the following criteria:

1. Have been a victim of a severe form of trafficking in persons – as defined by the Trafficking Victims Protection Act (TVPA) – and be physically present in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or a port of entry as a result of a severe form of trafficking.

2. Have compliance with any reasonable request from a law enforcement agency up until the time of the T-Visa application) for assistance in the investigation or prosecution of the traffickers, or has been under certain exceptional circumstances unwilling or unable to cooperate.

3. Possess a credible fear of persecution or danger if returned to his or her home country.

4. Show that his or her presence in the United States furthers the purposes of the TVPA and would serve the public interest.

5. Demonstrate that no other immigration status more appropriately can provide relief.

6. Be admissible to the United States or obtain a waiver of admissibility.

What is a T-Visa nonimmigrant?

A T-Visa nonimmigrant is a type of U.S. visa that provides legal immigration status to victims of human trafficking. An individual who qualifies for a T-Visa must be a victim of human trafficking, found by the government to be of good moral character as well as physically present in the U.S. T-Visas are intended to last four years, and during that period the holder may apply for legal permanent residency status.

What are the requirements to qualify for a T-Visa nonimmigrant?

1. You must be a victim of a severe form of trafficking in persons.

2. You must have complied with any reasonable request from law enforcement, for the purpose of investigation or prosecution of acts of trafficking in persons.

3. You must demonstrate that you would suffer extreme hardship involving extreme harm if you were removed from the US.

4. You must be admissible to the US. This means that you must not be subject to any of the inadmissibility grounds listed in the Immigration and Nationality Act.

5. If you are under the age of 18, you must demonstrate that you have been certified by the US Department of Health and Human Services as having received appropriate services and shelter.

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