1. What is a Green Card for Victims of Human Trafficking?
A Green Card for Victims of Human Trafficking is a permanent resident card issued to qualified individuals who have been victims of human trafficking. It gives permanent resident status to victims who meet certain criteria. It also grants holders certain benefits, such as protection from deportation, permission to work in the United States, and access to public benefits.
2. Who is eligible for a Green Card for Victims of Human Trafficking?
Green Cards for Victims of Human Trafficking are available to foreign nationals who have suffered (or are at risk of) trafficking in persons, slavery, and involuntary servitude. Eligibility requirements include:
1) The foreign national must be physically present in the United States, as a result of trafficking;
2) The foreign national must have complied with any reasonable request for assistance in the investigation or prosecution of acts of trafficking;
3) The foreign national must have been certified by the Department of Health and Human Services (HHS) as a victim of trafficking, or have a T visa; and
4) The foreign national must not have been convicted of any crime that would make him or her ineligible for permanent resident status.
3. What documents are required to apply for a Green Card for Victims of Human Trafficking?
To apply for a Green Card for Victims of Human Trafficking, you will need to submit Form I-914, Supplement B, Declaration of Qualifying Relative or Representative, and other documents as evidence to support your claim. Those documents could include but are not limited to: a copy of your government-issued identification, court documents, medical records, police reports, and affidavits from witnesses. It is also helpful to provide proof of any assistance you received from a victim service provider.
4. How do I apply for a Green Card for Victims of Human Trafficking?
If you are an individual who may qualify as a victim of human trafficking or a victim of a severe form of trafficking in persons, you may be eligible to apply for a Green Card (lawful permanent residence) in the United States.
To apply, you must file Form I-914, Application for T Nonimmigrant Status (T visa) or Form I-918, Petition for U Nonimmigrant Status (U visa). If your petition is approved, you will receive an employment authorization document (EAD) and travel authorization (Advance Parole) to work in the United States and travel abroad.
Once you have held T nonimmigrant status or U nonimmigrant status for at least 3 years, you may be eligible to adjust to lawful permanent resident (Green Card) status. You must file Form I-485, Application to Register Permanent Residence or Adjust Status, along with supporting documents and fees.
For more information on the T Nonimmigrant Status Program and the U Nonimmigrant Status Program, please visit the U.S. Citizenship and Immigration Services website.
5. How long does it take to process an application for a Green Card for Victims of Human Trafficking?
It typically takes 4-6 months for USCIS to process an application for a Green Card for Victims of Human Trafficking.
6. What is the difference between an immigrant visa and a Green Card for Victims of Human Trafficking?
A Green Card for Victims of Human Trafficking is a special immigration status granted to individuals who have been victims of human trafficking. This card allows the victim to live and work in the U.S. temporarily while their application for permanent residency is processed. An immigrant visa, also known as a permanent resident card, is a document issued by a U.S. embassy or consulate abroad that allows an individual to enter the United States as an immigrant. An immigrant visa grants the holder permanent residence status in the U.S., allowing them to live and work in the United States permanently.
7. What is the fee to apply for a Green Card for Victims of Human Trafficking?
The fee for a Green Card (Form I-485) for victims of human trafficking is $0. USCIS waives the filing fee for any immigrant petition for these individuals.
8. What happens if my application for a Green Card for Victims of Human Trafficking is denied?
If your application for a Green Card for Victims of Human Trafficking is denied, you may be able to file an appeal or motion to reopen. You may also be eligible to file a new application if your circumstances have changed. You may also want to consult with an immigration attorney to explore other options.
9. Can I still apply for a Green Card for Victims of Human Trafficking if I am in deportation proceedings?
Yes, you can still apply for a Green Card even if you are in deportation proceedings. You may need to get a stay of removal in order to be eligible for a Green Card if you are in removal proceedings. Please speak with an experienced immigration attorney to see what options are available to you.
10. Can I travel outside the United States with a Green Card for Victims of Human Trafficking?
Yes, you can travel outside the United States with a Green Card for Victims of Human Trafficking. You must present a valid Green Card and a valid passport from your country of origin along with proof of identity when you enter the United States.
11. Are there any benefits available to individuals with a Green Card for Victims of Human Trafficking?
Yes. Victims of human trafficking who have been granted a green card are eligible for many of the same benefits as other Lawful Permanent Residents. These include access to federal public benefits such as Social Security, Medicaid, and Supplemental Nutrition Assistance Program (SNAP), as well as access to employment opportunities, public education, and housing assistance.
12. What happens if my Green Card for Victims of Human Trafficking expires or is lost or stolen?
If your Green Card for Victims of Human Trafficking expires or is lost or stolen, you may apply for a replacement card by filing Form I-90. In addition, you may also be eligible to apply for a re-entry permit or advance parole travel document if you wish to leave the United States and then reenter.
13. Can I apply to become a U.S. citizen with a Green Card for Victims of Human Trafficking?
Yes, you can apply to become a U.S. citizen with a Green Card for Victims of Human Trafficking. The U.S. Citizenship and Immigration Services (USCIS) provides a special process for eligible victims of human trafficking to become lawful permanent residents and eventually U.S. citizens through the T nonimmigrant visa (T visa). To be eligible for the T visa, you must have been a victim of human trafficking, be in the United States or at a port of entry due to the trafficking, comply with any reasonable request from a law enforcement agency for help in the investigation or prosecution of human trafficking (if you are under 18 years old, compliance is not required), and demonstrate that you would suffer extreme hardship involving unusual and severe harm if you were removed from the United States. After you have held your T visa for at least 3 years, you can apply for lawful permanent resident status and, once you have held your green card for 5 years, you can apply to become a U.S. citizen. You can learn more about this process on the USCIS website.
14. Does having a Green Card for Victims of Human Trafficking allow me to stay in the United States permanently?
No. Having a Green Card for Victims of Human Trafficking does not allow you to stay in the United States permanently. It is a form of temporary immigration status that allows individuals to remain in the United States for up to four years, with the possibility of renewing the status for additional four-year periods. After the expiration of the eight years of authorized stay, you may qualify for a different form of immigration relief, such as a family-based visa or asylum.
15. Is there any special protection available to someone with a Green Card for Victims of Human Trafficking?
Yes, the U.S. Department of Homeland Security (DHS) provides an immigrant benefit known as the Green Card for Victims of Human Trafficking (U-Visa). A U-Visa provides legal immigration status and work authorization in the United States to victims of severe forms of human trafficking. To be eligible for a U-Visa, an individual must have been a victim of human trafficking in the United States or have assisted law enforcement in the investigation or prosecution of human trafficking crimes.
16. Can my family members apply to join me in the United States through my Green Card for Victims of Human Trafficking?
No, family members of a Green Card for Victims of Human Trafficking holder are not eligible to apply to join them in the United States. If you wish to bring your family members to the United States, you will have to apply for a separate immigrant visa or non-immigrant visa category.
17. What are the consequences if I violate the terms and conditions of my Green Card for Victims of Human Trafficking?
If you violate the terms and conditions of your Green Card for Victims of Human Trafficking, your Green Card may be revoked and you could be subject to removal from the United States. Additionally, you may face criminal penalties if applicable.
18. How do I renew my Green Card for Victims of Human Trafficking?
You can renew your Green Card for Victims of Human Trafficking by filing Form I-90, Application to Replace Permanent Resident Card. Your application must be filed within the 90 days before the expiration date on your current card. You must submit supporting documents with your application, including evidence of your status as a victim of human trafficking and a valid passport or other travel document. You should also include two passport-style photographs with your application. Your renewal application will be reviewed and processed by U.S. Citizenship and Immigration Services (USCIS).
19. Do I have to be employed in order to hold a Green Card for Victims of Human Trafficking?
No, you do not have to be employed in order to hold a Green Card for Victims of Human Trafficking. The US Citizenship and Immigration Services (USCIS) does not specify any employment requirements for obtaining or maintaining a Green Card for Victims of Human Trafficking.
20. Does having a Green Card for Victims of Human Trafficking have any effect on my eligibility to receive public benefits or services in the United States?
Yes. A Green Card for Victims of Human Trafficking allows individuals to receive certain federal public benefits and services, such as access to Social Security and Medicare benefits, subject to the same eligibility requirements as other immigrants in the United States.