T Visa for Victims of Trafficking
The T visa was created in In October 2000 by the Victims of Trafficking and Violence Protection Act (VTVPA). The T visa allows certain victims of human trafficking and their immediate family members to remain and work temporarily in the United States under certain conditions.
Trafficking in persons is a form of modern-day slavery in which the traffickers are recruiting, transporting, transferring, harboring or receiving a person through a use of force, coercion or other means, for the purpose of exploiting them through forced labor or commercial sexual exploitation.
Persons eligible to obtain the T visa status are those who can be called a victim of trafficking as defined by law, and are present in the United States or at a port of entry as a result of trafficking. Such persons need to assist in an investigation or prosecution of human trafficking violators, which involves compliance with any reasonable request from a law enforcement agency for assistance in such investigation or prosecution. The T visa applicants also need to demonstrate that they would suffer extreme hardship involving unusual and severe harm if they were removed from the United States.
The victims of trafficking who are under 21 years of age can also apply for a derivative T visa for their spouse, children, parents and unmarried siblings under age of 18 and victims of 21 years of age or older may apply on behalf of their spouse and children.
