Immigration Help for Victims of Trafficking

Victims of human trafficking often live in fear of their traffickers. The people exploiting victims of sex trafficking or labor trafficking use threats of violence, violence against family members, and psychological abuse for control. Many fear speaking out to local law enforcement because they fear arrest and deportation.

Victims of human trafficking in the U.S. have protections that the abusers don’t want them to know about. It’s even possible for many victims to legally stay in the country if they cooperate with law enforcement to prosecute human traffickers.

A lawyer familiar with trafficking and immigration cases can explain the process and help you understand your legal rights.

Can Victims of Human Trafficking Stay in the U.S.?

Victims of labor trafficking and sex trafficking often feel like they have limited options. They come from their home country and are forced to work in illegal jobs for little or no pay. Many want to come to the U.S. to send money back to their families. However, after abusers take away your identification or threaten your family, the fear of deportation is intense.

Some people in trafficking situations can legally stay in the U.S. even if they don’t have work authorization or legal immigration status. The U.S. government has declared it a priority to end human trafficking and help protect victims by providing immigration relief through a T visa.

Before getting a T-visa, trafficking victims can get continued presence protection. Federal, state, or local law enforcement can request continued presence (CP) when they encounter human trafficking victims. CP provides temporary protection for potential witnesses so they can work with law enforcement to investigate and prosecute trafficking crimes.

Another option for victims of crime to stay in the U.S. is with a U visa. A U-visa is a non-immigrant status visa for victims of crime who help law enforcement agencies in their criminal investigations. U non-immigrant status provides a way to protect victims while helping law enforcement officials prosecute criminal activity involving domestic violence, trafficking, and sexual assault.

The Violence Against Women Act (VAWA) also provides a way for a noncitizen abused spouse of LPRs or U.S. citizens to self-petition for lawful status.

Immigration Resources for Trafficking Victims

Human traffickers know how to exploit people with false promises to maintain control. They use the promise of legitimate jobs to force people into commercial sex acts or grueling physical labor. They threaten victims with violence, turning them over to the police, or reporting what they are doing to family members.

There is help to escape sexual exploitation, involuntary servitude, or modern-day slavery. If you believe someone is a potential victim of trafficking, you can report it to the National Human Trafficking Hotline at 888-373-7888.

The hotline can put you in contact with nonprofit service providers, including shelters, legal aid, law enforcement, health care, youth services, and human rights organizations.

What Is a Trafficking Victim T-visa?

A T-visa is a humanitarian nonimmigrant visa for survivors of human trafficking. The T-visa protects victims and also helps combat human trafficking by helping law enforcement prosecute traffickers.

A T-visa can give you eligibility for permanent residence after being continuously present in the U.S. for three years or until the trafficking investigation or prosecution is complete, whichever comes first.

How Can I Apply for a T-visa?

To apply for a T-visa, use Form I-914, Application for T Nonimmigrant Status. There are no fees for applying. To qualify for a T-visa, you have to show the following:

• You are or have been a victim of a severe form of trafficking
• You are in the United States or U.S. territory because of trafficking
• You have complied with any reasonable request from law enforcement… (unless you are under 18 or are unable to cooperate due to physical or psychological trauma)
• You would suffer extreme hardship and harm if deported to your home country

Can I Work in the U.S. With a T-visa?

A T-visa authorizes you to legally work in the U.S. You should receive an Employment Authorization Document (EAD) when you receive your T-visa. Certain family members can also gain work authorization in the U.S. if they file a Form I-765, Application for Employment Authorization.

Can I Bring My Children to the U.S. With a T-Visa?

Under federal law, if you receive a T-visa, your children can be eligible for a derivative T-visa. Applicants under the age of 21 can also petition for their spouse, parents, and any unmarried siblings younger than 18 years old. Applicants 21 or older can petition for their spouse and children for a derivative T-visa.

Is a T-Visa a Path to Citizenship?

Qualifying T-visa holders can later apply for lawful permanent resident (LPR) status. This gives individuals a green card so they can legally stay and work in the U.S. This later offers a chance to apply to be a U.S. citizen if they qualify.

Get Legal Help To Stay in the U.S.

While it is possible to stay in the U.S., navigating the system is tricky, and a mistake could mean deportation or lengthy delays. U.S. immigration law is complex and can change at any time. To get help, find an immigration attorney who has experience helping trafficking victims or reach out to a legal aid group that helps immigrants, refugees, and victims of trafficking.