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T Visas for Human Trafficking Victims

San Mateo Immigration Lawyer Serving Clients in the Bay Area

The T visa is available to foreign citizens who have been the victims of human trafficking. Human trafficking is a form of modern-day slavery where the victim is controlled and held captive by the trafficker and is forced into a life of involuntary servitude. The T visa permits the victim to legally live and work in the U.S. and also offers the opportunity to apply for permanent residence (i.e., a green card). The victim’s immediate family members may also qualify to receive the T visa.

Visa for Human Trafficking Victims

To qualify for the T visa, the below is generally required:

  • The immigrant must have been the victim of severe human trafficking. The types of human trafficking that qualify for the T visa include sex trafficking (i.e., forced prostitution) and slave labor trafficking (i.e., forced servitude, peonage, bondage or slavery).
  • The victim must be physically in the U.S. as a result of the human trafficking. In other words, the reason the immigrant is in the U.S. is due to being trafficked. If the immigrant came to the U.S. on his or her own and then later became a human trafficking victim, then he or she may not qualify for the T visa.
  • The victim would suffer extreme hardship if forced to return to his or her home country. Extreme hardship means that serious physical or psychological harm would likely result if the victim is forced to return home. Factors in determining extreme hardship include the victim’s age, medical requirements, and the possibility of being punished or victimized again.
  • The victim must cooperate with law enforcement regarding the trafficking crime. The victim must comply with law enforcement’s reasonable requests for assistance. However, if the victim has suffered physical or psychological trauma as a result of the trafficking, then he or she can be excused from cooperating with law enforcement. Victims under the age of 18 also are not required to cooperate with law enforcement.

The T visa allows law enforcement to investigate and prosecute human traffickers while also offering protection to their victims.

Speak to an Attorney Regarding T Visa Eligibility

If you have been the victim of human trafficking and would like to pursue a T visa application, we invite you to contact us for a consultation. The Alagiri Immigration Law Firm in San Mateo provides legal services throughout the Bay Area to clients coming to our office from across the globe.

Call (650) 562-6900 to discuss your case with our compassionate San Mateo immigration attorney.

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