Immigration Options for Victims of Human Trafficking

1. What immigration options are available for victims of human trafficking?


There are a number of immigration options available to victims of human trafficking, such as Special Immigrant Juvenile Status (SIJ) and the T Visa. The SIJ status is available to minors who have been subjected to abuse, neglect, or abandonment, and allows them to remain in the United States with the help of a legal guardian. The T Visa is available to victims of human trafficking who have been identified and certified by the U.S. government, and allows them to remain in the U.S. while they work with law enforcement and immigration authorities to help them build a case against the traffickers. Additionally, some states have adopted legislation allowing victims of human trafficking to apply for temporary residency permits or become eligible for state-level employment authorization.

2. How can I apply for a U visa as a victim of human trafficking?


In order to apply for a U visa as a victim of human trafficking, you will need to complete Form I-918, “Petition for U Nonimmigrant Status.” You will also need to submit evidence to support your claim, such as evidence of trafficking and proof that you suffered harm or endured substantial physical or mental abuse. In addition, you must submit evidence that you have been or are likely to be helpful to law enforcement authorities in the investigation or prosecution of human trafficking. The U visa application process can be complex and time-consuming, so it is recommended that applicants seek qualified legal assistance.

3. How do I prove that I was a victim of human trafficking for immigration purposes?


If you are looking to seek immigration relief based upon being a victim of human trafficking, you should contact an experienced immigration attorney for assistance. The attorney will be able to review your case and guide you through the process of applying for immigration relief. You may need to provide evidence of your experience, including documents, affidavits, photos, and other records that demonstrate your experience as a victim of trafficking. Additionally, you should be prepared to provide detailed accounts of your experience and discuss any relevant mental health issues stemming from the experience.

4. Does the T visa provide permanent residency to victims of human trafficking?


No, the T visa does not provide permanent residency to victims of human trafficking. The T visa allows victims to remain in the U.S. for up to four years in order to assist law enforcement in the investigation and prosecution of human trafficking cases. After three years, a T visa holder may apply for permanent residency.

5. What rights do victims of human trafficking have under U.S. immigration laws?


Under U.S. immigration laws, victims of human trafficking have the right to apply for a special visa called a “T” visa or a “U” visa. These visas provide temporary immigration relief to victims and allow them to remain in the U.S., work lawfully, and access needed benefits and services. Victims of human trafficking also have the right to apply for asylum in the U.S., which allows them to remain in the country and receive protection against future harm or persecution. In addition, victims of human trafficking have access to services such as legal assistance, counseling, housing, medical care, and other support services through victim service organizations and non-governmental organizations.

6. How can I obtain legal representation if I am a victim of human trafficking?


The National Human Trafficking Hotline is a resource for victims of human trafficking to get help and connect with organizations that can provide legal representation. If you or someone you know is a victim of human trafficking, call the hotline at 1-888-373-7888. You can also text “HELP” or “INFO” to BeFree (233733). A trained hotline specialist is available to answer calls 24/7, in more than 200 languages. The hotline also provides referrals to local service providers and resources in the caller’s area.

7. What is the process of obtaining asylum as a victim of human trafficking?


The process of obtaining asylum as a victim of human trafficking begins with the completion of an application to the U.S. Citizenship and Immigration Services (USCIS) for a special visa known as “T-Visa” or “U-Visa”. This visa is available for victims of human trafficking who are willing to cooperate with law enforcement authorities in the investigation and prosecution of trafficking cases. Applicants must provide evidence that they are victims of severe forms of human trafficking, and must meet other eligibility requirements. Once the application is approved, applicants may be eligible to receive benefits such as a work permit and access to health and social services.

8. Are there any special protections or services available to victims of human trafficking?


Yes, there are many special protections and services available to victims of human trafficking. These may include medical care, legal services, mental health counseling, crisis intervention services, employment assistance, housing assistance, language interpretation services, and education and vocational programs. Additionally, many countries provide shelter services, hotlines, and support groups specifically for victims of human trafficking.

9. What is the difference between a U-visa and a T-visa when it comes to immigration options for human trafficking victims?


A U-visa is a visa specifically for victims of certain crimes, including human trafficking, who have suffered substantial physical or mental abuse and have been helpful in the investigation or prosecution of the criminal activity. A T-visa is a visa specifically for victims of human trafficking and their immediate family members who can demonstrate extreme hardship involving unusual and extreme harm if they were removed from the United States.

10. Are there any financial assistance programs available to help victims of human trafficking adjust to life in the United States?


Yes. The U.S. Department of Health and Human Services (HHS) offers a number of financial assistance programs for victims of human trafficking, including the Trafficking Victim Assistance Program (TVAP). TVAP provides eligible victims of trafficking with short-term and long-term assistance services, such as case management, mental health counseling, housing, education, legal services, health care services, and job placement assistance. Other programs include the Victims of Trafficking and Violence Protection Act of 2000 (VTVPA), the Victims of Crime Act (VOCA), the Victims Assistance Program (VAP), and the Office for Victims of Crime’s (OVC) Human Trafficking Grant Program.

11. Are there any programs that provide psychological counseling and emotional support to victims of human trafficking?


Yes, there are programs that provide psychological counseling and emotional support to victims of human trafficking. Examples include the National Human Trafficking Hotline, Polaris, The Freedom Network USA, and the International Organization for Migration. Additionally, many local organizations and grassroots initiatives provide support to victims of human trafficking.

12. What is the process for applying for Permanent Residency for victims of human trafficking?


The process for applying for permanent residency for victims of human trafficking varies depending on the country. In the United States, the process includes filing a Form I-914, Application for T Nonimmigrant Status, and providing evidence to prove that they were victims of a severe form of human trafficking. Applicants must also demonstrate that they have complied with any reasonable requests for assistance in the investigation or prosecution of the traffickers, and that they are a person of good moral character. Once these requirements are met, applicants can be granted permanent residency.

13. Are there any safe houses or shelters providing temporary housing for victims of human trafficking in my area?


Answer: Safe houses and shelters providing temporary housing to victims of human trafficking vary from area to area. It is best to contact your local police department, social services agency, or a hotline such as the National Human Trafficking Hotline (1-888-373-7888) for specific information and resources in your area.

14. Where can I find assistance with travel expenses related to my immigration case as a victim of human trafficking?


Many organizations provide financial assistance for travel expenses related to immigration cases for victims of human trafficking. For example, the National Human Trafficking Hotline can provide referrals to service providers who may be able to provide funding. Additionally, the Department of Justice’s Office for Victims of Crime has a special fund to provide assistance to human trafficking victims with travel costs associated with their immigration cases.

15. Does the U visa provide employment authorization to victims of human trafficking in the United States?


Yes, the U visa does provide employment authorization to victims of human trafficking in the United States. The U visa allows individuals who have been victims of certain qualifying criminal activities, including human trafficking, to remain and work in the United States for up to four years.

16. If I am recognized as a victim of human trafficking, what other types of immigration relief may be available to me?


In addition to the immigration relief available to victims of human trafficking, other types of immigration relief may be available depending on your situation. Some of these forms of immigration relief include: T Nonimmigrant Status (T visa), U Nonimmigrant Status (U visa), asylum, Withholding of Removal, or Convention Against Torture Relief. Additionally, victims of human trafficking may be eligible for deferred action, “cancellation of removal”, and other forms of relief.

17. What should I do if I become aware that someone may be a victim of human trafficking and needs immigration help?


If you believe someone may be a victim of human trafficking, you should contact your local law enforcement agency immediately. Additionally, you should reach out to an organization that specializes in helping victims of human trafficking and providing immigration assistance. Organizations such as the National Human Trafficking Hotline, The Polaris Project, or Freedom Network USA are available to provide guidance and resources to victims.

18. If I am a victim of human trafficking, what protection is available to prevent my deportation from the United States?


Victims of human trafficking have protections available to them under the Trafficking Victims Protection Act (TVPA). Under the TVPA, victims may be eligible for a T visa, which allows victims of human trafficking to remain in the United States and receive protection from deportation. Additionally, victims of human trafficking may also be eligible for U visa status, which provides additional immigration benefits including work authorization.

19. Do minors who are victims of human trafficking have different immigration options than adults?


Yes, minors who are victims of human trafficking have different immigration options than adults. In the United States, minors who are victims of human trafficking may be eligible for a special visa called a T visa, which allows them to remain in the country and obtain certain benefits and protections. Minors may also be eligible for other forms of immigration relief such as U visas, VAWA self-petitions, and Special Immigrant Juvenile status.

20. Can victims of human trafficking obtain legal status for their family members in the United States?


Yes, victims of human trafficking may be eligible for immigration benefits that can provide them with legal status in the United States, and may also be able to obtain legal status for their family members. Those eligible for these benefits include victims of labor or sex trafficking who have been identified and certified by the U.S. Department of Health and Human Services’ Office for Refugee Resettlement (ORR). Individuals with T visas are eligible to apply for a green card after three years of continuous physical presence in the United States or through other family-based immigration categories. Additionally, victims of crime may be eligible to obtain lawful permanent resident status under the U visa program.