Carmen Gallardo
Human trafficking is often associated with faraway realities, but it is a highly complex problem within the United States as well, ranking among the countries with the highest rates globally. To combat human trafficking, the US government introduced the T Visa in 2000—a legal mechanism designed to benefit victims of this modern form of slavery.
This regulation ensures that trafficking survivors can remain in the US for an initial period of up to 4 years. To qualify, individuals must request protection from authorities and assist in detecting and prosecuting those involved in this severe violation of human rights.
According to USCIS (United States Citizenship and Immigration Services), the nonimmigrant status is under the Victims of Trafficking and Violence Protection Act, a legislation that covers two significant types of trafficking: the use of force, fraud, or coercion for labor and forced commercial sex acts.
At Gallardo Law Firm, our T Visa lawyers are known for their empathy and dedication. If you or a family member has experienced a severe form of human trafficking, we encourage you to seek our legal guidance.
Contact our expert T Visa attorneys in Miami today to secure your rights and build a safer future.
The available benefits for survivors of human trafficking include permission to work, medical attention, housing, job training, and other services. Family members may consist of a spouse, children, parents, or younger siblings, who may also qualify for inclusion in the application.
It is essential to clarify that to be eligible for a T Visa; you must actively cooperate with the investigation launched by authorities against the trafficking network of which you were a victim. This participation will always be conducted safely and will not compromise your well-being. If you are under 18 years old or have suffered significant emotional and physical trauma, you may be exempt from meeting this requirement.
The first and most important requirement to be eligible for a T Visa is to be a victim of a severe form of human trafficking. This means you were forced to engage in forced labor or other forms of involuntary slavery, including commercial sexual exploitation
At Gallardo, our team emphasizes that to apply for a T Visa, you must be physically present in the United States, the Commonwealth of the Northern Mariana Islands, American Samoa, or a port of entry to one of these locations.
We also want to clarify that, as part of your legal defense, we must demonstrate to the relevant authorities that your life is in extreme danger if you return to your country of origin. This could include the risk of retaliation from your traffickers or being left without protection.
The complexity of immigration procedures to legalize your status can sometimes confuse the different visa categories available for staying in the United States. It is essential to understand that the T Visa and U Visa are programs designed to protect individuals in vulnerable situations, but they have distinct differences.
The T Visa is specific to victims of human trafficking. In contrast, the U Visa has broader applications that include those who have suffered substantial mental or physical abuse in crimes such as domestic violence, sexual assault, or kidnapping.
There is no definitive answer regarding the time it takes to obtain approval for a T Visa, as it depends on various factors such as the quality of the documentation, the amount of evidence provided, and other specific requirements of your case. This is one of the main reasons we always recommend seeking the assistance of an experienced T Visa lawyer.
Other determining factors include the complexity of the case, which might lead USCIS to request additional evidence, and the volume of applications in the system. Based on our firm's extensive experience with these cases, we estimate that the initial processing can take between 12 and 18 months.
Like many immigration procedures, applying for a T Visa can be lengthy and complex. To increase the chances of success, we at Gallardo Law Firm recommend contacting us for guidance:
Yes, you may file an Application to Register Permanent Residence (Form I-485). You must accompany your adjustment application with supporting documentation, such as copies of your approved T Visa, proof of your physical presence in the United States for at least three years, and police records showing your support for law enforcement in prosecuting the perpetrators of the human trafficking incident in which you were involved.
You must also pay any applicable fees or request a waiver if you deem it necessary or if your circumstances warrant it.
In October 2024, USCIS revised the T Visa program to make it more sensitive to the needs of victims and give it a greater humanitarian emphasis. The federal agency incorporated a survivor-centered approach toward human trafficking matters, which also recognizes possible psychological trauma for such survivors.
Furthermore, they aim to increase the ability of law enforcement agencies to handle trafficking reports and now require victims to work out their cases through the appropriate police jurisdiction to expedite access to protection systems.
To succeed in your T Visa application, presenting a solid case supported by substantial evidence is crucial. This can be very difficult to achieve without the assistance of a T Visa lawyer experienced in human trafficking cases, who can help you demonstrate the four requirements for this type of visa:
If your T Visa application is not approved, you must know that USCIS typically does not initiate deportation or removal proceedings in such cases. It is uncommon for your case to be referred to the immigration court system.
The influence of an experienced immigration attorney can make a difference in your T visa application. Visa renewals are subject to comprehensive investigations, so keeping and exceeding all eligibility criteria is paramount. With the proper legal support, you will be able to secure a stable future in the United States.
Gallardo Law Firm has a team of professionals who will offer you high-quality advice based on respect, ethics, and empathy. In addition to focusing on the efficient preparation of your documents, our specialists will ensure that you maintain the best possible behavior to help the successful resolution of your case.
