T-VISA AND GREEN CARD OPTIONS

for Immigrants who are Victims of Human Trafficking

Human trafficking, often referred to as “modern-day slavery” is the fastestgrowing illegal international industry averaging over $150 billion a year. Texas has the highest numbers of human trafficking in our country, due to the state’s large population and its international border. Immigrants and children are the most vulnerable to this heinous crime, which is why Congress created the T-visa, in October 2000 as part of the Victims of Trafficking and Violence Protection Act. T-visa is considered a non-immigrant visa, and it offers protection for victims while strengthening the ability of law enforcement agencies to prosecute human traffickers.

T-nonimmigrant status is a temporary immigration benefit that enables victims of severe forms of trafficking in persons to remain in the United States for an initial period of up to 4 years if they have complied with any reasonable request for assistance from law enforcement in the detection, investigation, or prosecution of human trafficking.

Under federal law, a “severe form of trafficking in persons” is:

• Sex trafficking: When someone recruits, harbors, transports, provides, solicits, patronizes, or obtains a person for the purpose of a commercial sex act, where the commercial sex act is induced by force, fraud, or coercion, or the person being induced to perform such act is under 18 years of age; or

• Labor trafficking: When someone recruits, harbors, transports, provides, or obtains a person for labor or services through the use of force, fraud, or coercion for the purpose of involuntary servitude, peonage, debt bondage, or slavery.

An individual must prove eligibility for the T-visa by showing that he/she: o Is or was a victim of a severe form of trafficking in person as defined above. o Is physically present in the United States, American Samoa, the Commonwealth and Northern Mariana Island, or at a port of entry due to trafficking. o Has complied with any reasonable request from a law enforcement agency for assistance in the investigation or prosecution of human trafficking. o Demonstrates suffering of extreme hardships if removed from the United States. o Is admissible to the United States (if not admissible due to crimes or other issues, may be eligible for a waiver on Form I-192).

To apply for the T-nonimmigrant status, one must submit:

• Evidence of a form of trafficking in person as defined earlier.

• Form I-914, Application for T Non-immigrant status, including a personal statement.

• Form I-914B, Supplemental B, Declaration of Law Enforcement Officer for Victims of Trafficking in person and evidence to establish complying with reasonable requests for assisting the law enforcement.

• A waiver on Form I-192 (if needed).

There are certain benefits associated with the T-visa. Individuals who are issued a T-visa can work and reside in the United States lawfully. Eligible family members of the trafficking victims who have received T nonimmigrant status can apply for a special T visa for derivatives as well. These family members include the spouse, child, parent, or an unmarried minor sibling of a victim of trafficking who is under 21 years of age, or the spouse or child of a victim of trafficking who is 21 years of age or older. Also, derivatives can apply for work permits as well and there is no fee associated with the application for T-visa.

Also, under the Trafficking Victims Protection Act of 2000 (TVPA), the U.S. Department of Health and Human Services (HHS) is the sole Federal agency authorized to certify foreign adult victims of human trafficking, and foreign minor victims of trafficking so that they are eligible for Federal and State benefits and services to the same extent as refugees admitted to the United States. Certification and Eligibility Letters are issued by the HHS Office of Refugee Resettlement (ORR). Certified and eligible victims of human trafficking and their derivatives can receive benefits and services necessary for their safety, protection, and basic well-being, such as housing and food assistance, income assistance, employment assistance, healthcare, and foster care.

After three years of obtaining their T-visa status, T-visa applicants and their derivatives are eligible to apply for lawful permanent residency (green card option), and eventually apply for citizenship.

Human trafficking occurs every day and we all must be aware of it. Over 2 million children are trafficked yearly for forced labor and sexual exploitation.

As always, at LUXCIOR we like to share as much information as possible to educate our community. We highly recommend all the latest movies on Human Trafficking, particularly on the trafficking of children “Sound of Freedom”. This movie shines a light on the crime of sexual exploitation of children with a very powerful message that “God’s Children are NOT for Sale”. Watching this movie is a start to everyone’s efforts to combat human trafficking. It all starts with awareness, and we must not forget or ignore this issue.

To pay it forward so others who are not able can watch this movie for free you can donate at: angel.com/freedom.

For more information, you can contact the National Human Trafficking Resource Center at 1.888.373.7888.