3 Facts about Qualifying for T Visa Status

Human trafficking is a worldwide epidemic, and the United States has little tolerance for it. The T visa is one of America’s weapons against this inhumane activity. It allows victims of human trafficking, as well as certain family members, to work and live in the United States as long as they help law enforcement by testifying against human traffickers.

According to the National Human Trafficking Resource Center, there were more than 5,000 reports of human trafficking in 2014, with 4 percent of them involving underage children. If you were a victim of human trafficking, an immigration lawyer in Newark may be able to help you secure a T visa. Call the Law Office of Eric M. Mark at 973-453-2009 for legal guidance and protection, and read on for three facts about qualifying for T visa status:

1. You must be eligible for a T visa.

To qualify for T visa status, you must meet certain requirements. Applicants must be victims of sex or labor trafficking, as the law defines it, and your entry into the country must be the result of a trafficking operation. Furthermore, you must help law enforcement agencies investigate and prosecute the traffickers, provided you are older than 15 years of age.

You also must be admissible to qualify for a T visa, which means that you are not someone who will cause trouble in the country, such as a serial rapist or murderer. You must be in good mental and physical health, but you are able to file a waiver if there are problems with the admissibility requirement.

2. You must demonstrate severe or unusual harm if deported.

“Unusual or severe harm” does not refer to economic detriment, or any lack of economic or social opportunities in your home country. It refers to the following:

• Personal circumstances and age make it impossible to return home.
• There is a strong possibility of re-victimization in your home country.
• You have a chronic mental or physical illness that your home country is unable to treat.
• You reasonably expect punishment if you go back home.
• There is a high risk of traffickers or related people harming you when you return.

3. Your application must include the correct documentation and information.

To apply for a T visa, you need to fill in and submit Form I-914: Application for T Nonimmigrant Status, and if applicable, Supplement A. Additionally, you will need the following:

• Your application should accompany three passport-sized photographs.
• You will need to write a detailed personal statement.
• You must meet all criteria for eligibility and provide evidence of these requirements.
• While strongly recommended but optional, you should get Form I-914 Supplement B: Declaration of a Law Enforcement Officer, and have a U.S. attorney or FBI agent sign it for you.
• If you do not submit a 914B, you must provide a statement that explains why law enforcement agencies denied your request, and why they refused to sign your declaration.

The United States needs help from victims of human trafficking to put an end to this barbaric practice, and for your cooperation, you can apply for T visa status and receive asylum. The Law Office of Eric M. Mark can help you through this process and fight for your rights. Call an experienced immigration attorney at 973-453-2009 for a confidential, free consultation.