1. What are the indicators of human trafficking?
Indicators of human trafficking can include signs of physical abuse, malnourishment, and/or dehydration; signs of psychological trauma such as fearfulness, withdrawal, or submissiveness; a lack of personal possessions or identification documents; being controlled by another person and/or not speaking for themselves; having inconsistent stories; working in hazardous or illegal conditions; or being from a high-risk community.
2. What protections are available for victims of human trafficking?
Victims of human trafficking are protected under a variety of laws in the United States. The Trafficking Victims Protection Act (TVPA) of 2000, as amended, is a comprehensive federal law that provides critical tools to combat human trafficking and protects victims. The TVPA provides certain rights and protections for victims of human trafficking. These include: access to services such as legal assistance, medical treatment, mental health care, and shelter; access to a special visa for those who cooperate with the investigation and prosecution of traffickers; the ability to sue traffickers for restitution; and the ability to apply for temporary or permanent residency in the U.S. There are also several state laws that provide additional protections for victims of human trafficking. These include laws that provide civil remedies, criminalize human trafficking, and establish hotlines and centers to identify and aid victims.
3. How can I report a case of human trafficking?
The US Department of Homeland Security has an official hotline for reporting cases of human trafficking. You can call their hotline 24 hours a day, 7 days a week at 1-866-347-2423 or report online at https://www.dhs.gov/blue-campaign/report-suspicious-activity.
4. What are the laws protecting victims of human trafficking?
The laws protecting victims of human trafficking vary by country, but in the United States, there are several laws in place to protect victims of human trafficking. These include the Trafficking Victims Protection Act (TVPA), which criminalizes trafficking activities and provides assistance to victims; the Violence Against Women Act (VAWA), which provides legal protections for victims of gender-based violence, including human trafficking; the Victims of Trafficking and Violence Protection Act (VTVPA), which authorizes the Department of Justice to investigate and prosecute cases of human trafficking; and the Victims of Crime Act (VOCA), which provides funding for services to victims of crime, including those affected by human trafficking. Additionally, many states have passed their own laws to protect victims of trafficking, such as state-level safe harbor laws that provide certain protections for victims under the age of 18.
5. What types of support and services are available to victims of human trafficking?
The types of support and services available to victims of human trafficking vary depending on location, but some basic services may include: access to legal aid and representation; immigration assistance; housing, shelter, and clothing; medical and mental health services; career counseling, job training, and educational assistance; and language services. Victims may also be eligible for government programs or compensation funds. Additionally, some organizations offer specialized support and advocacy services, such as family reunification, trauma-informed care, and assistance navigating the criminal justice system.
6. Are there any visa options available for victims of human trafficking in order to remain in the United States?
Yes, there are several visa options available for victims of human trafficking in order to remain in the United States. These include the U nonimmigrant visa (U-Visa), which is available to victims of certain qualifying criminal activities who have suffered substantial physical or mental abuse and possess helpful information concerning the criminal activity; the T nonimmigrant visa (T-Visa), which is available to victims of a severe form of human trafficking who are present in the U.S. on account of such trafficking and who are willing to assist law enforcement in the investigation or prosecution of traffickers; and the S nonimmigrant visa (S-Visa), which is available to victims of human trafficking who can demonstrate that their presence is necessary to assist in an active investigation or prosecution of a trafficking case.
7. Are there any special humanitarian programs available for victims of human trafficking to obtain a green card?
Yes, there is a special humanitarian program available for victims of human trafficking to obtain a green card. The U.S. Citizenship and Immigration Services (USCIS) offers the T Nonimmigrant Status (T visa) for victims of human trafficking. This visa provides temporary immigration relief and a path to permanent residence (green card) for victims of human trafficking who have suffered substantial physical or mental abuse as a result of being trafficked and who are willing to assist law enforcement officials in the investigation or prosecution of the traffickers.
8. Are victims of human trafficking eligible for U visa status in order to remain legally in the U.S.?
Yes, victims of human trafficking who have suffered substantial physical or mental abuse as a result of being a victim of human trafficking are eligible for U visa status in order to remain legally in the U.S. U visas are specifically designed to protect and assist victims of certain crimes, including human trafficking.
9. Are victims of human trafficking eligible for asylum or some other form of protection in the United States?
Yes, victims of human trafficking are eligible for asylum or other forms of protection in the United States. Victims can be granted asylum if they have been persecuted in their home country or have a well-founded fear of persecution on account of their race, religion, nationality, membership in a particular social group, or political opinion. Victims can also be eligible for other forms of relief such as Temporary Protected Status, U-visas, and T-visas.
10. Are there any assistance programs or resources available to help victims of human trafficking transition back into society?
Yes. There are numerous organizations dedicated to providing support and assistance to survivors of human trafficking, many of which offer a variety of services to aid in the recovery process. These include medical and psychological care, legal aid, access to housing and employment opportunities, education programs, and other forms of social support. Additionally, there are a number of government and non-profit organizations that provide financial assistance and access to social services for survivors of human trafficking.
11. What is the T visa and how can it help victims of human trafficking?
The T visa is a form of immigration relief available to victims of human trafficking. This visa allows victims and their immediate family members to remain in the United States in order to assist in the investigation and prosecution of human trafficking cases. Additionally, it provides temporary legal status and work authorization for victims, as well as access to certain public benefits, such as health care, social services, and legal assistance. The visa also has a potential pathway to permanent residence and citizenship.
12. Are there any special provisions or waivers available to victims of human trafficking when applying for a green card?
Yes, there are special provisions and waivers available for victims of human trafficking when applying for a green card. Eligible victims can self-petition for a visa (known as a T visa) and, if approved, they may be eligible to apply for a green card after three years. Additionally, victims may be eligible to waive various application fees and may also be eligible for certain other forms of relief if their trafficking experience significantly impacted their ability to meet certain immigration requirements.
13. How can I determine if I am eligible for a green card based on my status as a victim of human trafficking?
You should contact an experienced immigration attorney or accredited representative as soon as possible to help you determine if you are eligible for a green card based on your status as a victim of human trafficking. The U.S. Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS) grants special immigration protection to victims of certain criminal activities, including human trafficking and other qualifying serious crimes, under the Trafficking Victims Protection Act (TVPA). Under the TVPA, victims of severe forms of human trafficking who have been “certified” by the Department of Health and Human Services (HHS) may be eligible for a green card.
14. Can I adjust my status from a nonimmigrant visa to a green card if I was a victim of human trafficking?
Yes. Generally, if you are a victim of human trafficking and you are physically present in the United States, you may be eligible for a visa through the T nonimmigrant status program, which allows you to stay in the United States and work for a period of up to four years. After three years in T nonimmigrant status, you may adjust your status to a green card.
15. What are the special considerations when applying for a green card as a victim of human trafficking?
Victims of human trafficking may be eligible for a green card through the “T” or “U” visa categories. To qualify for a T or U visa, the applicant must have been a victim of severe human trafficking and must be able to demonstrate it. The applicant must have complied with reasonable requests from law enforcement for assistance in the investigation or prosecution of the trafficking activity and must demonstrate that they have suffered substantial physical or mental abuse resulting from the trafficking activity. Additionally, it is important to demonstrate that they are a person of good moral character and that their presence in the US is necessary for the investigation or prosecution of the trafficking activity. It is also important to provide evidence that they are not likely to become a public charge. For more information about applying for a green card as a victim of human trafficking, individuals should consult an immigration attorney.
16. Is it possible to get a job in the United States with a green card that was obtained based on my status as a victim of human trafficking?
Yes, it is possible to get a job in the United States with a green card that was obtained based on status as a victim of human trafficking. The U.S. Citizenship and Immigration Services (USCIS) recognizes individuals who have been granted T nonimmigrant status (also known as “T visa”) or U nonimmigrant status (also known as “U visa”) as persons lawfully present in the United States for purposes of employment authorization, with some exceptions. The federal government also provides certain protections for victims of human trafficking and other severe forms of trafficking in persons, such as access to housing, medical assistance, education, and training.
17. Is it possible to travel outside the United States with a green card that was obtained based on my status as a victim of human trafficking?
Yes, it is possible to travel outside the United States with a green card that was obtained based on your status as a victim of human trafficking. As long as the green card is valid, you will be able to travel abroad. However, you will need to check with the consulate of the country you are travelling to in order to make sure that you meet all of their specific entry requirements.
18. Are there any organizations or programs that provide legal assistance to victims of human trafficking who are seeking a green card?
Yes, there are numerous organizations, programs, and government initiatives that provide legal assistance to victims of human trafficking who are seeking a green card. The United States Citizenship and Immigration Services (USCIS) provides resources to victims of human trafficking through the T-Visa and U-Visa programs. Additionally, the Human Trafficking Legal Center provides free legal services to survivors of human trafficking throughout the United States. The Polaris Project offers a range of services to survivors of trafficking, including legal assistance. The Salvation Army’s Anti-Trafficking Initiative also works to provide survivors of human trafficking with the legal assistance they may need. There are many other organizations that offer legal services to victims of human trafficking, and many states also provide legal aid to survivors.
19. How long does it take to get approved for a green card after submitting an application based on my status as a victim of human trafficking?
The exact amount of time it takes to get approved for a green card after submitting an application based on your status as a victim of human trafficking can vary widely, depending on the individual case. USCIS typically aims to process such applications within six to nine months. However, processing times can be longer or shorter depending on the volume of applications they are processing.
20. Are there any financial aid or grants available for victims of human trafficking who are seeking a green card?
Yes, there are certain grants and forms of financial aid available for victims of human trafficking who are seeking a green card. The U.S. Department of Health and Human Services (HHS) administers two grant programs to help human trafficking victims obtain legal services, including assistance in obtaining a green card: the Anti-Trafficking in Persons Program (ATIP) and the Anti-Trafficking Victims Assistance Program (ATVAP). Additionally, the U.S. Department of Justice’s Office for Victims of Crime (OVC) provides grants to organizations that assist trafficking victims in obtaining services, including legal representation.