The United States offers victims of human trafficking a method of securing lawful residency, regardless of their immigration status. This process includes applying for a T-visa, a special form of documentation that can grant up to four years of residency. Securing one of these permits can be challenging, but an experienced Aurora T-Visa lawyer understands the nuances of this process and could outline your legal options.
Not only does this permit allow you to stay in the US, but it could pave the way toward future citizenship. A skilled visa attorney could determine whether you are eligible for this program and help you file an application.
What are Severe Forms of Trafficking?
While all forms of human trafficking are extreme, the ‘severe’ modifier only applies to two specific instances. Only victims of these more severe situations are eligible for a T-Visa.
The first severe example is sex trafficking, which occurs when a person patronizes, transports, harbors, recruits, or obtains another individual for the purposes of a commercial sex act. Traffickers operate without the consent of their victims and often use force, threat, coercion, or fraud to get their victims to complete these acts. Unfortunately, minors are frequently involved in sex-trafficking incidents.
The second severe example is labor trafficking, which occurs when a person is forced to perform manual labor against their will and without compensation. Traffickers procure, recruit, transport, and extort unwilling individuals. An empathetic and experienced attorney in Aurora could help a person determine whether he or she is the victim of a severe trafficking situation.
There are strict requirements that a person must meet if they hope to secure a T-visa. Along with being the victim of a severe form of trafficking, an applicant must be within the borders of the United States in order to apply for this type of visa.
Applicants must also demonstrate that they would face extreme hardship if they were to be deported to their home country, such as the risk of extreme emotional or physical harm.
Finally, the program requires that victims agree to law enforcement assistance. It can be difficult to construct a criminal case against a trafficker, but police can be a valuable asset. The only people exempt from seeking law enforcement assistance are minors and people who have suffered extreme physical or emotional harm.
A skilled lawyer in the Aurora area could help you determine whether you are eligible to apply for a T-visa.
Family Member Eligibility
In certain situations, the family members of human trafficking victims may also be eligible to apply for a T-visa. The age of the victim is not a factor in these instances, and qualifying family members include parents, unmarried minor siblings, or children. An experienced Aurora attorney could outline the requirements for this classification and help you file your T-visa application accordingly.
Contact a T-visa Attorney in Aurora Today
If you are the victim of a severe human trafficking crime, you may be eligible to apply for a T-visa. This permit allows individuals to stay in the United States for extended periods of time and could help them secure citizenship in the future.
There are no inherent protections available for the victims of human trafficking, so do not hesitate to contact an experienced Aurora T-visa lawyer. Our attorneys understand the nuances of the application process and could help you protect your rights. Call the Godoy Immigration offices today for further information.