Human Trafficking

Human trafficking, also known as trafficking in persons, is a sort of modern-day slavery where in which traffickers tempt persons with fake promises of job offers and a better life style. In the year 2000, the Congress introduced the “T” non immigrant status by passing the Victims of Trafficking and Violence Protection Act (VTVPA). It strengthens the ability of law enforcement agencies to investigate and institute legal proceedings against those who are into human trafficking, and also offer protection to victims.

Very often the victims are poor, unemployed individuals who do not have access to social services. The T Non immigrant Status (T visa) is a strictly for those who are or have been victims of human trafficking. It protects victims of human trafficking and allows them to remain in the US to help in an investigation or prosecution of human trafficking.

U Non immigrant Eligibility

You can qualify for a U non immigrant visa if you are the victim of qualifying criminal activity AND suffered physical or mental abuse because of having been a victim of criminal activity. In addition, you should have information about the criminal activity. Note that if you below 16 years of age or cannot provide information due to a disability, a parent, guardian, or friend may give out the information about the crime on your behalf.

Also note that you should have been helpful, are helpful, or are likely to be helpful to law enforcement during the investigation or during the prosecution of the crime. If you below 16 years old or not able to furnish information due to a disability, a parent, guardian, or next friend may help law enforcement on your behalf. Remember the crime should have taken place in the US or violated US laws. Another requirement is that you should be admissible to the US. If you are not admissible, you are permitted to apply for a waiver by filing Form I-192, Application for Advance Permission to Enter as a Non-Immigrant.

T Non immigrant Eligibility

You can qualify for a T visa if you are or were a victim of trafficking. Remember you should be in the US, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry due to trafficking. You may qualify if you comply with any reasonable request from a law enforcement agency for assistance in the investigation or prosecution of human trafficking (or you are below 18 years of age or you cannot cooperate because of physical or psychological trauma. You are also required to demonstrate that you would suffer extreme hardship involving unusual and severe harm if you were removed from the US. Also remember that you should be admissible to the US. If you are not admissible, you can file for a waiver through Form I-192, Application for Advance Permission to enter as a non-immigrant.

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