To protect victims of human trafficking, the U.S. government adopted a program known as T nonimmigrant status. More often called the T-visa, this program allows victims of sex trafficking to remain in the U.S. temporarily.
Since 2000, the T-visa has been a valuable tool for combating human trafficking, but unfortunately, the process for applying for this type of visa can be long and complicated. Let our local visa attorneys answer your questions about a T-visa for sex trafficking victims in Phoenix.
In Phoenix, T-visas are reserved for the victims of a severe form of human trafficking. There are two types of people trafficking under federal law: sex trafficking and labor trafficking.
Sex trafficking is the act of securing someone to engage in a commercial sex act against their will. A person is trafficked if these acts only occur due to force, fraud, or coercion. Sex trafficking also applies in general to victims under the age of 18.
The acts that qualify as sex trafficking also vary. A person commits trafficking by recruiting, harboring, transporting, soliciting, or patronizing another individual for commercial sex purposes.
Qualifying as a sex trafficking victim is only the first step for you to be eligible for T nonimmigrant status in Phoenix. The location of your trafficking also matters. You will only qualify if you were a victim of trafficking while physically present in the U.S., one of its territories, or at a port of entry. This can include someone bringing you into the country against your will.
Another important aspect of this visa is cooperating with law enforcement. If you hope to be eligible for a T-visa, you will need to make reasonable efforts to comply with law enforcement in their efforts to investigate and prosecute those who trafficked you. There are some exceptions to this requirement, especially if someone was under 18 at the time.
You must also be able to show that you would suffer extreme hardship following your expulsion from the U.S. Typically, that means something beyond the standard harm that comes with deportation. For example, you could argue that you would be at risk of trafficking again if you returned to your home country.
Finally, you must be admissible to the U.S. In other words, there cannot be any bans or restrictions on your ability to immigrate to this country. Even if you do not qualify as admissible, our firm could help you pursue a waiver.
In addition to the victim of trafficking, visa options may be available to certain immediate family members. If, as a victim of sex trafficking, you are eligible for a T-visa in Phoenix, the same visa program may also cover your parents, children, and unmarried siblings younger than 18 years of age. Your age will impact whether your loved ones qualify for the program. While more family members may qualify if you are under the age of 21, only your spouse and unmarried children who are younger than 21 will qualify if you are older than 21.
For many sex trafficking victims, the ability to remain in the U.S. can be a lifeline out of a terrible situation. For many people, it is the only real option for avoiding a similar fate in the future.
If you have questions about a T-visa for sex trafficking victims in Phoenix, now is the right time to ask. Reach out to our firm as soon as possible to set up a private consultation.
