Our team of T visa immigration lawyers in Scottsdale can help you start the process and walk the path to legal residence by your side. For individuals affected by human trafficking, the path to safety and legal status in the U.S. can be overwhelming. The T Visa provides a critical lifeline, offering protection and a chance for victims to rebuild their lives.
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If you need help understanding the T Visa application process, our experienced Scottsdale immigration lawyers are here to provide compassionate and professional support in both English and Spanish.
What Is a T Visa, and Who Can Be Eligible for It?
A T Visa is a special type of immigration relief offered to individuals who have been victims of human trafficking. This visa allows victims to remain in the U.S. for up to four years and provides a pathway to permanent residency through a Green Card.
The Victims of Human Trafficking: T Nonimmigrant Status (T Visa) is designed to protect victims while encouraging their cooperation with law enforcement in the investigation and prosecution of human trafficking crimes.
Eligibility Criteria for a T Visa
- Victim of Trafficking. To qualify for a T Visa, the applicant must be a victim of a severe form of human trafficking, such as sex trafficking or forced labor.
- Presence in the U.S. The applicant must be physically present in the U.S., American Samoa, or the Commonwealth of the Northern Mariana Islands.
- Compliance with Law Enforcement. Applicants must show that they have cooperated with law enforcement in the investigation or prosecution of the traffickers unless they are under 18 years of age or unable to cooperate due to trauma.
- Suffering Severe Hardship. The applicant must demonstrate that they would suffer extreme hardship involving unusual and severe harm if they were removed from the U.S.
Understanding the eligibility requirements for a T Visa can be challenging, especially for those already dealing with the trauma of trafficking. If you or a loved one is seeking information or assistance with a T Visa, reaching out to an experienced immigration attorney in Scottsdale can provide the support and guidance needed to navigate this critical process.
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What Benefits Can I Have With a T Visa?
A T Visa provides critical support and protection to individuals who have been victims of human trafficking. Understanding the benefits associated with a T Visa can help individuals see the value of this immigration benefit, especially during difficult times.
Some of the primary benefits of a T Visa include:
- Legal Status. One of the most significant advantages of obtaining a T Visa is the ability to remain in the U.S. legally for up to four years. This visa helps protect individuals from deportation, providing peace of mind and stability.
- Work Authorization. T Visa holders are eligible to apply for an Employment Authorization Card, which allows them to work legally in the United States. This can help individuals rebuild their lives and support themselves and their families.
- Path to a Green Card. After holding a T Visa for three years, individuals may be eligible to apply for a Green Card, leading to permanent residency. That provides a long-term solution for victims seeking to establish a new life in the U.S.
- Family Reunification. T Visa holders can apply to bring certain family members to the U.S. under derivative T Visas. This option allows victims to reunite with their spouses, children, parents, or siblings, helping them rebuild their lives together.
- Access to Benefits. T Visa holders may also be eligible for various federal and state benefits, including health care, food assistance, and housing support. These benefits can be essential for individuals as they recover from their experiences.
- Legal Assistance and Protection. The T Visa provides access to legal services and protection under U.S. laws. T Visa holders can receive help from immigration attorneys and other legal services to ensure their rights are upheld.
U visas also offer relief for people who were victims of a crime. However, there are significant differences between a U Visa and a T Visa. T Visas are a powerful tool for those seeking safety, stability, and a chance to rebuild their lives after experiencing trafficking. It’s essential to understand these advantages when considering the options available to you or your loved ones.
Step-by-Step Guide for Filing a T Visa Application
Filing a T Visa application is a critical process for individuals who have been victims of human trafficking and are seeking protection in the United States. This guide offers an overview of the steps involved, providing a clear pathway to understanding the process.
- Preparation and Gathering of Evidence. The first step in filing a T Visa application involves gathering sufficient evidence to support your claim. This may include documents like police reports, medical records, or statements from social workers, which demonstrate that you have been a victim of trafficking. It’s essential to ensure that all documentation is thorough and accurately reflects your experience.
- Filing Form I-914. The primary form for applying for a T Visa is Form I-914, Application for T Nonimmigrant Status. This form requires detailed information about your trafficking experience, your current situation, and any family members you wish to include in your application.
- Including Family Members. If you have immediate family members who you would like to include in your T Visa application, you must complete Form I-914, Supplement A. This step is important for those seeking to protect spouses, children, parents, or siblings under derivative T Visas.
- Submitting Form I–765 for Work Authorization. Along with your T Visa application, you may also apply for an Employment Authorization Card by submitting Form I-765. That allows you to work legally in the U.S. while your T Visa application is being processed.
- Awaiting a Decision. After submitting your application, U.S. Citizenship and Immigration Services (USCIS) will review your case. Processing times may vary, and it’s important to stay informed about the status of your application.
- Attending an Interview (if required). In some cases, USCIS may request an interview to clarify details about your case. This step allows you to provide additional information and answer any questions the immigration authorities may have.
- Receiving a Decision. Once USCIS has reviewed all the information, they will decide on your application. If approved, you will be granted T Nonimmigrant Status, allowing you to stay in the U.S. for up to four years, with the possibility of applying for a Green Card after three years.
- Legal Assistance. Throughout this process, it can be beneficial to seek legal advice from experienced immigration attorneys. Legal services can help ensure that your application is complete, accurate, and submitted on time, increasing your chances of a successful outcome.
Filing a T Visa application can be a significant step toward securing your safety and future in the United States. Understanding each step and gathering the necessary documents and support can make the process more manageable during this challenging time.
Our T Visa Immigration Lawyers
Talk to an Experienced T Visa Immigration Lawyer in Scottsdale at No Cost
If you or someone you know has been a victim of human trafficking and needs help with the T Visa application process, it’s important to seek legal advice. Scottsdale immigration attorneys offer compassionate and professional legal services, including free consultations to assess your case and discuss the next steps.
Getting a T visa approved may be only the first step in your immigration journey. An immigration lawyer can help you prepare for what comes after your T visa gets approved and help you plan a secure future in the United States. With the right legal team, you can take the first step toward securing your future in the U.S.