Legal Help for Non-Immigrant Victims of Human Trafficking

In the early 2000s, Congress established non-immigrant T visas and U visas to encourage victims of serious crimes to cooperate in police investigations. Both get supported under the “Law on Protection of Victims of Trafficking and Violence.” However, the U.S. only provides to victims that qualify under certain crimes.

Because this is a time-sensitive and confidential situation, we recommend reaching out to a visa attorney for victims of crimes in Los Angeles. In the meantime, this article will provide information on the differences between the two visas. It is important to note that evidence is required to prove your eligibility to the U.S. Citizenship and Immigration Services (USCIS). Trafficking victims should especially evaluate the nature of their case with an attorney before deciding as well.

Human Trafficking and T Visas

Those that experienced human trafficking may be wondering what the requirements might be to apply for a T visa. Per U.S. law, it is based on the 2000 UN Protocol to Prevent, Suppress and Punish Trafficking in Persons. The nature of the crime falls into three categories listed below:

• The Process – recruiting, transporting, transferring, harboring, or receiving a person
• Ways and Means – threats, coercions, abductions, fraud, deceit, or abuse of power
• The Result – prostitution, porn, forced labor, forced servitude, debt bondage, slavery, or violence, and sexual exploitation

A lawyer for immigration visas in LA is a great resource if you need clarification about the visa or application process. Adult victims of human trafficking must prove that the crime involved one or more factors listed above from each category. However, victims younger than 18-years-old only need to show it involved an element from the Process and Result categories.

For instance, if a woman got promised a job as a caretaker and employment papers for coming to the U.S., and upon arrival was forced to take care of children for little pay, she would qualify for human trafficking. Similarly, when a child is lured to the U.S. by a parent to participate in inappropriate or explicit photography, he/she would also qualify for human trafficking. In many ways, both experienced a form of deception, fraud, and elements of abusive power.

T Visa Applicants – Trafficked Into The U.S.

To qualify for a T visa, you need to be in the U.S. because of human trafficking. It differs from the U visa qualification process, as there is slight leniency. If you traveled and visited the U.S. before getting subjected to human trafficking or qualified crime, you can apply for one. However, to be eligible for a T visa, you must have evidence that you got sent to the U.S. because you were:

• Recruited
• Forced
• Abducted
• Deceived

In other words, had you not been trafficked, you would not be in the U.S. Whether you knew that you would get subjected to forced labor or sexual exploitation is not necessary to the USCIS.

U Visa Applicants to Cooperate with Law Enforcement

Like T visas, U visa applicants cannot refuse the request to work with law enforcement investigating and prosecuting human trafficking crimes. However, certain applicants are exempt from this requirement if:

• They are a minor child (younger than 18) or
• Are unable to cooperate because of extreme physical or psychological trauma.

T visa applicants do not have to acquire a “Certification of Helpfulness” from qualifying agencies like U visa applicants. Los Angeles attorneys for T visas recommend getting a declaration from an officer as evidence of your involvement with the crime to submit with the application. Although it isn’t required, the USCIS may be in favor of considering you if you take an extra step to show you will cooperate with law enforcement.

How Can Applicants Resolve Their Application After Getting Denied?

Getting denied can feel gut-wrenching, especially after enduring what you have.

After getting denied a U visa, applicants need to prove they suffered from severe physical or mental abuse because of the qualifying crime.

If the T visa got denied, applicants do not need to provide evidence of physical or mental abuse. Although, an immigration lawyer in LA would recommend that you do to increase your chances of approval. You only need to show the USCIS that your removal would cause “extreme hardship.” That can be challenging to prove on your own. However, you might be able to give them a general idea if you are concerned about:

• Medical needs – your country might lack proper medical or psychological services
• Government – in your home country, the government might not offer protection to prevent further harm; the trafficking offenders might not get prosecuted either
• Stigmatization – this concern comes from being a trafficking victim and can impact your opportunities

Similarities Between T and U Visas

In this article, we walked you through the differences. But there are a few similarities between the two as well.

• Each visa allows “principal applicants” to apply on behalf of qualifying family members.
• T and U visa holders can apply to adjust their immigration status in the U.S. to permanent residents if eligible.
• Applicants worry less about inadmissibility compared to applicants. They can apply for a discretionary waiver of inadmissibility using USCIS Form I-192; The application does not require applicants to show extreme hardship

There is a Limit on Both Visas

The number of U visas available to crime victims is 10,000; 5,000 for T visas. Because there is such a strict limit every year, you should investigate how many got administered before applying. If you need legal immigration help in Los Angeles, give our attorney, David Grey, a call! We will advise you based on the circumstances of your situation.

Speak to an Immigration Visa Lawyer for More Information

At Grey Immigration, the values of integrity, honesty, commitment, and results are at the foundation of our firm.

David Grey provides experienced representation to safeguard your rights through the immigration process. Whether it is advice, assistance with visa applications, or resolving an issue that is stalling your citizenship, we are here to help. At Grey Law, we strive to help clients through complex processes for positive results. Our Los Angeles immigration lawyers are well-versed in more than several practice areas:

• Family-Based Immigration
• Employment-Based Immigration
• Naturalization and Citizenship
• Permanent Residency and Green Card
• Deportation and Removal
• Immigrational Appeals
• Non-Immigrant Visas
• Criminal Victim Visa

In the past year, COVID-19 has drastically impacted citizenship in the U.S. We adjust and act accordingly based on new restrictions and regulations. Our firm optimizes individual skills to produce superior results for all clients. For a free case review, give us a call at 323-622-1764 or email info@greylaw.com.