T-1 Victims of Human Trafficking

What is a T-1 visa?

A victim of the international crime of human trafficking may be eligible to apply for a T-1 visa, which allows the victim to remain in the United States temporarily as a nonimmigrant visitor. Human trafficking is a crime that occurs when people are sold for the purpose of sexual slavery or exploitation, or forced labor.

The primary purpose of the T-1 Victims of Human Trafficking visa is to provide a way for alien nationals who are victims of sexual exploitation and forced labor to come forward to federal authorities without fear of reprisal. It is a motivation both to help such people get out of the situation that they are in by arresting and prosecuting those who are responsible, as well as to qualm any fears that they will be deported for coming forward.

All agencies involved with a T-1 visa application are also required by law to keep all information confidential.

Who is eligible?
  • Foreigners to the United States who came illegally against their will to engage in pornography, prostitution, involuntary servitude, debt bondage or slavery; and
  • Who were coerced to come to the United States in order to engage in these acts; and
  • Who would suffer extreme hardship if they were deported; and
  • Who report the crime to federal authorities, and if at least 15 years old, assist authorities in the prosecution of those who are responsible for the crimes.

The spouses, children and parents of victims of human trafficking who meet the above criteria are also eligible to apply for temporary nonimmigrant visas. A visa lawyer can assist families in applying for the appropriate visas.

What is the duration of the visa?

The duration of the T-1 visa if for three years from the date it is issued.

The visa for victims of human trafficking is not renewable, and the holder cannot apply for an extension.

It is permissible for T-1 visa holders to apply for a green card if they meet the following requirements:

  • A continuous presence in the U,S. from the time the T-1 visa was granted;
  • Show proof of consistent moral character;
  • Voluntarily assisted federal authorities in the prosecution of the relevant trafficking case;
  • Show proof that the applicant would suffer hardship if deported from the U.S.;
  • Be admissible as a permanent resident; and
  • File the appropriate documents

An Austin immigration lawyer can assist t-1 holders in finding out if they are eligible to apply for a green card, and if so, with applying for and obtaining one.

The T-1 Visa for Victims of Human Trafficking allows victims of modern slavery, both in terms of sexual exploitation and forced labor, to come forward to federal authorities without the threat of being deported due to their illegal alien status. As such, it also provides an opportunity for certain applicants and their families to apply for permanent residency in the United States.

HOW CAN AN AUSTIN ATTORNEY HELP?

The T-1 visa applications, petitions and process can be more complicated than simply filling out a form and waiting for results. There are a number of procedural and material requirements for obtaining these benefits, and navigating through the process can be very daunting and time-consuming. For this reason, it is advisable to obtain the advice and assistance of a qualified Austin attorney to handle the matter.

Austin, Texas immigration attorney Daniella Lyttle of the Lyttle Law Firm has experience assisting individuals in T-1 issues. Ms. Lyttle is fluent in Spanish, Portuguese, and Italian, and can communicate directly with clients and their family members directly in these languages, as well as understand documents in these languages.

If you need a competent attorney to handle your T-1 visa matter, contact the Lyttle Law Firm, and you will be able to speak to a qualified attorney to get the advice and assistance you need. An Austin lawyer experienced in all aspects of the T-1 Victims visa application issues can make the process more manageable, as well as provide relevant context pertaining to how the matter is proceeding and what you can reasonably expect in terms of both time frame and success in obtaining the desired benefits.