Boston T Visa Attorneys
What is Human Trafficking?
Human trafficking is a punishable crime involving adults or children exploited by others for labor, sexual purposes, and more. It can be described as modern slavery. However tough to conceptualize, human trafficking is common. It is hard to imagine that this continues in our country or any country, but it is not uncommon. In 2000, Congress passed the Victims of Trafficking and Violence Protection Act to address the issue. Through this act, it was made a federal crime, providing means to prosecute offenders, protect victims, create the T Visa, and more. Congress recognized that victims of this offense (particularly vulnerable immigrants) might be reluctant to assist in prosecuting traffickers. Through the T Visa, they can be protected and obtain a Visa allowing them to live and work in the US temporarily.
If you or someone you love has been a victim of human trafficking and needs to seek protection through the T Visa, contact me today. I have vast experience helping others like you, and I’m confident we can resolve this for you.
Contact my office at (857) 347-3701 to get started.
What is a T Visa?
The T Visa is a crucial form of relief for individuals who have been victims of human trafficking. However, the immigration process for obtaining a T Visa involves several key requirements that applicants must meet to be considered for this form of protection.
T Visa Requirements
Below are the main criteria for eligibility:
- Criminal Background Check: Applicants must undergo a criminal background check to ensure there are no serious criminal violations on record. This is a necessary step to confirm that the applicant does not have a history that would disqualify them from receiving the T Visa.
- No Immigration Violations: Applicants must not have previous immigration violations on file, such as illegal entry or overstaying their visa, as this could negatively impact their T Visa application.
- Assistance in Investigation or Prosecution: The applicant must demonstrate that they have cooperated with law enforcement in investigating or prosecuting human traffickers. This cooperation can include providing evidence, testifying in court, or assisting authorities in other ways to aid in the investigation.
- Victim of Human Trafficking: To qualify, the applicant must have been a victim of human trafficking, whether through labor trafficking or sex trafficking, as defined by federal law. Victims must prove they have been trafficked within the U.S. or at a U.S. port of entry, or they must have entered the country as a result of trafficking activities.
- Location Requirement: The applicant must be physically present in the U.S., at a U.S. port of entry, or in American Samoa or the Commonwealth of the Northern Mariana Islands at the time of the trafficking. This requirement ensures that the applicant is within U.S. jurisdiction when seeking the T Visa.
- Potential Harm from Deportation: In some cases, applicants who might suffer intense danger or unusual hardship if deported can still apply for the T Visa. The USCIS will evaluate the circumstances of each applicant’s case individually to determine if granting the visa is in the best interest of justice and the applicant’s safety.
Consult a Trusted T Visa Lawyer
While these are the general requirements for obtaining a T Visa, it is important to note that the USCIS may consider certain cases on an individual basis. Even if some of the requirements are not fully met, applicants could still be eligible depending on the specific details of their situation. Our immigration services can help guide you through this complex process, ensuring that your case is presented effectively.
What Else Will the USCIS Review to Determine Eligibility?
The USCIS will review eligibility requirements to ensure the applicant’s information/application will suffice. It can be beneficial to provide further evidence either through the I 914B form or other supporting evidence.
The I-914B is a form or T visa declaration that can be used as additional evidence that an applicant is a good candidate for the T visa. It is not required but rather supplemental. The declaration can be further evidence that the applicant has complied with reasonable requests to aid in investigation and prosecution efforts and give more evidence of the victim being subjected to human trafficking acts. The visa declaration can be created and signed by federal, state, local, tribal, or territorial enforcement agencies, prosecutors, judges, and more.
Other supporting evidence that the victim can gather would be medical records, affidavits, and court documents. If they don’t have a visa declaration, they must provide evidence on their own of their efforts to comply with reasonable requests made by law enforcement regarding human trafficking investigations.
How Our Firm Can Assist You
At Paul Toland Law, we are committed to helping victims of human trafficking navigate the complex process of obtaining a T-Visa. Our immigration attorneys work closely with each client to understand the full scope of their case and ensure that all eligibility requirements are met. From gathering crucial evidence and documentation to guiding clients through the application process, we provide personalized support every step of the way. We assist clients in securing cooperation with law enforcement, gathering affidavits, and addressing any immigration violations or criminal background issues. Our team also helps clients demonstrate the harm they would face if deported, ensuring that their case is thoroughly reviewed. At Paul Toland Law, we prioritize the safety and well-being of trafficking victims and advocate for their rights to receive the legal protections they deserve. Let us guide you through the T-Visa process and help you seek justice.
Why Hire Toland Law?
As a Boston immigration lawyer, I have worked with several clients over the years to help them understand their rights and to protect them. The T-Visa laws can be complex, but I can help you know what is needed to obtain one and continue in a safe environment moving forward.
Schedule your initial consultation today by calling (857) 347-3701.