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T Visas Victims of Trafficking

The Trafficking Victims Protection Act of 2000 provides 5000 visas each year who have been trafficking victims to obtain nonimmigrant status and remain here in the U.S. The purpose of the T-1 visa is to protect victims of human trafficking, the sex trade or forced labor, who are physically present in the U.S. as the result of the trafficking process. In addition, immediate family members of the principal applicants may be admitted to the U.S. by showing that they would suffer extreme hardship if they were not allowed to join the applicant. If you think that you may, or someone you know, have been victims of trafficking, including being forced to work in a garment factory, prostitution ring, on a farm, or in a factory/manufacturing plant, please contact the Houston T Visa For Trafficking Victim Attorneys at Pham & Cloves, PLLC.. We can help!

T Visa Requirements

INA Section 101(a)(15)(T) enumerates requirements for T Visa Applicants. To qualify, the applicant must demonstrate that he/she is a victim of “severe trafficking” as defined under 22 U.S.C. Section 7102, including the use of force, fraud, coercion, for sex trafficking and involuntary servitude, peonage, debt bondage, or slavery. Second, the victim must be presently in the U.S. or its territorial jurisdiction. Third, the person must be compliance with local law enforcement authorities in the investigation and prosecution of the perpetrator(s) (not mandatory if the victim is under the age of 18). Finally, the person must show that he or she would surfer “extreme hardship” involving unusual and severe harm if he or she were to be removed from the U.S.

If the victim is 18 but is less than 21 years of age, spouses, parents, children, and unmarried siblings that are under the age of 18 may also be filed as dependents (either in the U.S or with the U.S. Consular office in the home country once the T visa is approved). If the victims are 21 years of age or more, then only spouses and children may be filed as dependents. Children of trafficking victims qualify as “Age Out,” if the trafficking victim’s child turned 21 during the application process (i.e. the child still qualified as a dependent). Further, the annual limitations of 5,000 visas only apply to the principal applicant and do not apply to dependents.

Green Cards For Trafficking Victims

The T-Visa application may not be denied on the basis that the applicant is likely to be a “public charge,” and depends on government assistance. As such, the green card application (Application for Adjustment of Status) may not be denied based on this basis. If approved, the applicant will receive T Visa Status and remain in the U.S. for 4 years. 90 days prior to the expiration of the T-visa, trafficking victims may be able to file for adjustment of status to become a permanent resident and receive green cards. Please contact the Houston T Visa Trafficking Victim Attorneys and the Houston Trafficking Victim Lawyers at Pham & Cloves, PLLC..

To review the full article and detailed information regarding this legal subject, please visit your website at  http://www.immigrantionlawyerssinhouston.com / or  contact our Houston law firm at 713-492-0337. This ar ticle should not be construed as legal counseling. Each legal issue must be reviewed and counseled by an experienced Houston attorney at PHAM & CLOVES, PLLC. Information regarding this particular subject can be found at this specific site ,http://www.immigrantionlawyerssinhouston.com/nonimmigrant-visa.html.Thank  you for visiting out blog page.