U.S. T Visa for Victims Trafficked in the United States

by admin on April 22, 2011

Victims of Human Trafficking in the USA, such as in the Global Horizons farm workers human trafficking case, may be eligible for a US T visa.

In October of 2000, the US Congress developed a category of non immigrant visas to offer protection to victims of human trafficking within the United States by passing the Victims of Trafficking and Violence Protection Act. This law provides for more encompassing protection for victims of trafficking, and also enables law enforcement agencies to address, investigate and prosecute in cases of human trafficking. 

The T non immigrant visa was created to allow victims of human trafficking to remain in the United States in order to collaborate with authorities to investigate and prosecute the individuals responsible for trafficking them. After a victim has been issued a T visa and has lived in the United States for three years, they can apply for permanent residence.

To meet eligibility requirements for a T visa, an individual must:

  • Be or have been a victim of a severe form of human trafficking
  • Be physically present in the United States (or American Samoa or the Commonwealth of the Northern Mariana Islands) in effect of being trafficked
  • Agree to offer assistance to law enforcement agencies investigating or prosecuting a case of human trafficking , if the request for assistance is reasonable
  • Provide proof that they would be subject to extreme hardship, including severe and unusual harm, if they are forced to leave the United States  
  • Be admissible to the United States or be able to obtain a waiver of admissibility

If a victim of human trafficking is granted a T visa, they may also apply for a derivative T visa for immediate family members. If the victim is less than 21 years old, they can apply for a spouse, children, parents and unmarried siblings under age 18. If the victim is 21 years or older, they can apply for a spouse or children.

The US has limited the number of T non immigrant visas that can be granted each to 5,000. This does not take into consideration family derivative visas.

Related Documents:

T Visa for Victims of Human Trafficking

US “T” and “U” visas for Victims of Crime or Human Trafficking in the USA

New Legal Action Against Hawaii Pineapple Farms for Trafficking Thai Workers

Thai Migrant Workers Exploited Abroad

US Immigration and Thai Sex Workers

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