t-non-immigrant-visaT Nonimmigrant Status

In the 3-a article from the protocol to prevent, suppress and punish the human trafficking, especially for women and kids, which complements the United Nations Convention against Transnational Organized Crime, we can find the human traffic definition as the recruitment, transport, transfer or reception of people, resorting to the threat or use of force or other forms of coercion, abduction, fraud, deceit, the abuse of power or a situation of vulnerability or the granting or receipt of payments or benefits to obtain the consent of a person who has authority over another for exploitation purposes. This exploitation will include, at minimum, the exploitation of the prostitution of other forms of sexual exploitation, forced labor of services, slavery or similar practices, servitude or organ removal.

These people, victims of human trafficking, and their families (Visa T-2, T-3 Y T4) are the ones whom are able to access or request the T visa. Not any family member can request this status, it must be one of the ones we will name below and they must also meet certain specifications:

  • Parents
  • Unmarried children and under 21
  • Siblings under 21 and single
  • Spouse

The T Nonimmigrant Status (T Visa) was created and approved in October 2000, thus offering protection to those affected by human trafficking; this status is a temporary immigrant benefit, which allows you to stay legally in the United Stated for a period not longer than 4 years. After a stipulated time and other additional requirement, the person carrying the T1 visa has the chance to apply for the green card.

To request a T visa, you must have:

  1. Provable evidence of having collaborated with the corresponding authorities in the investigation of the case, (trial transcripts, court documents, police reports, press articles, affidavits, or other relevant credible evidence).
  2. A written statement of what happened
  3. Other documents

To apply for a T Nonimmigrant Status (T Visa), the person affected for the human trafficking must be in the United States, American Samoa or at a port of entry to any of these places for reasons of human trafficking.

Differences between T visa and U visa

To clarify, the difference between the U visa and the T visa: the first one was created for violent crime victims (domestic violence, sexual assault, etc.) and the second one is for human traffic victims, specified above. Those who get one of these visas will be protected for deportation.

If you are or were traffic human victim, and you are in one of the places named before, contact us. We are Quiroga Law Office, PLLC, and we have immigration lawyers who will provide you personalized advice, and we will explain everything you need to know and what you should do in these scenarios.

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Hector E. Quiroga
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