Discover How the T Visa Works and How to Obtain Permanent Residency

The T visa is a vital tool for protecting victims of human trafficking in the United States. The primary goal of the T visa is to provide a legal pathway for survivors of human trafficking to live and work in the United States, as long as they cooperate with U.S. authorities in the investigation and prosecution of the perpetrators of this crime. In today's blog, we will explore how the T visa works, the requirements to obtain it, and the process for applying for permanent residency.

What is the T Visa, and How Does it Work?

The T visa was created under the Victims of Trafficking and Violence Protection Act of 2000, also known as the TVPA. This visa is designed to help individuals who have been victims of trafficking and are in the U.S., whether due to forced labor, sexual exploitation, or other forms of abuse. The T visa allows individuals who have suffered these types of abuse to remain in the United States for an initial period of four years, with the possibility of extension.

T Visa Requirements

To qualify for a T visa, applicants must meet certain requirements set by the U.S. Citizenship and Immigration Services (USCIS). Here are some of the essential criteria to qualify for the T visa:

• Being a Victim of Trafficking: To qualify for the T visa, it is necessary to demonstrate that you have been a victim of human trafficking. This includes, but is not limited to, sexual exploitation, forced labor, involuntary servitude, or any other form of trafficking.

• Presence in the United States: The applicant must be in the United States as a result of trafficking and must show a willingness to cooperate with authorities in the investigation or prosecution of the case or cases related to trafficking.

• Demonstrate No Threat to National Security: T visa applicants must demonstrate that they do not pose a threat to the national security of the United States.

• Cooperation with U.S. Authorities: It is essential for T visa applicants to cooperate with authorities during the investigation and prosecution of the perpetrators. However, there are specific cases where an exception can be made if cooperation could endanger the victim's life.

T Visa Application Process

The process of how the T visa works can be long and tedious, but we can summarize it in the following phases:

1. Gather Documentation

The first step is to gather all necessary documents to demonstrate that you have been a victim of trafficking and meet the requirements to apply for the T visa. This includes:

• Evidence of Trafficking: Documents that prove victim status, such as police reports, witness statements, and any relevant evidence.

• Form I-914: Application for the T visa. You must fill out the form and send it to USCIS along with supporting documentation.

2. Submit the Application

Once all the documentation has been gathered, you must submit Form I-914 to USCIS. The form must be sent to the specific address that USCIS provides for T visa applications.

3. Wait for the Decision

After submitting the application, USCIS will review the case and make a decision based on the information provided. Processing time may vary but generally takes between 6 to 12 months. During this time, it is crucial to keep any relevant information updated and respond to any additional requests from USCIS.

4. Receive the Decision

If the application is approved, the applicant will receive a T visa, which allows them to reside and work in the U.S. for an initial period of four years. There is also the possibility of applying for an extension of the T visa if the necessary requirements are met.

Transition to Permanent Residency

Upon obtaining the T visa, holders have the option to apply for permanent residency (green card) in the United States after living in the country for three years. To do so, it is necessary to follow these steps:

1. Apply for Permanent Residency

To apply for permanent residency, the applicant must submit Form I-485, Application to Register Permanent Residence or Adjust Status. This form must be submitted to USCIS with the necessary documentation, which includes:

• Proof of Continuous Residence: Documents showing that you have resided in the U.S. for the past three years.

• Form I-914A: Declaration of accompanying family members.

2. Interview and Medical Exam

USCIS may require an interview and a medical exam as part of the status adjustment process. Interviews are an opportunity to confirm eligibility and answer any additional questions the immigration officer may have.

3. Wait for the Decision

The review process for permanent residency can take several months. During this time, the applicant must continuously comply with all regulations and update official agencies with any relevant information.

T Visa: Benefits You May Not Know

The T visa offers some additional benefits that may not be widely known but could represent invaluable resources for beneficiaries of this visa:

• Access to Public Benefits: T visa beneficiaries may be eligible for public benefits, such as medical assistance through programs like Medicaid and some educational programs. These benefits are relevant to the recovery and reintegration of T visa beneficiaries, as they may allow access to vital medical and educational assistance.

• Protection from Deportation: Another significant benefit of the T visa is protection against deportation. This allows T visa beneficiaries to reside in the United States without fear that U.S. immigration authorities will deport them. Additionally, this protection may extend to family members of the beneficiary if necessary, providing a broader safety net for victims to focus on recovery and rebuilding their lives in the United States.

The T visa represents a new opportunity for individuals who have been victims of human trafficking, offering the possibility of obtaining permanent residency in the United States while assisting U.S. authorities in their fight against trafficking. However, at The Mendoza Law Firm, we understand that this can be a difficult and lengthy process without the guidance of experienced attorneys or a legal firm specializing in these types of cases. That’s why we invite you to contact us if you or someone you know is suffering from any of these situations. Click on the "FREE EVALUATION" button below this blog to start your path toward permanent residency.