Law Office of Irwin M. Avelino

Victims of Human Trafficking: T Nonimmigrant Status

Trafficking_T_Visa_Immigration_Attorney_Lawyer_Avelino_Los_AngelesHuman trafficking, also known as trafficking in persons, is a form of modern-day slavery in which traffickers lure individuals with false promises of employment and a better life. Traffickers often take advantage of poor, unemployed individuals who lack access to social services. The T Nonimmigrant Status (T visa) is a set aside for those who are or have been victims of human trafficking, protects victims of human trafficking and allows victims to remain in the United States to assist in an investigation or prosecution of human trafficking.

T Nonimmigrant Eligibility

You may be eligible for a T visa if you:

  • Are or were a victim of trafficking, as defined by law
  • Are in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry due to traffickingĀ·
  • Comply with any reasonable request from a law enforcement agency for assistance in the investigation or prosecution of human trafficking (or you are under the age of 18, or you are unable to cooperate due to physical or psychological trauma)
  • Demonstrate that you would suffer extreme hardship involving unusual and severe harm if you were removed from the United States
  • Are admissible to the United States. If not admissible, you may apply for a waiver.

Filing for Qualifying Family Members

Certain qualifying family members are eligible for a derivative T visa.

If you are…. Then…
Under 21 years of age You may apply on behalf of your spouse, children, parents and unmarried siblings under age 18.
21 years of age or older You may apply on behalf of your spouse and children.