What Crimes Qualify a Victim for a T Visa?
Most people are aware that T visas are available for individuals who are in the United States due to human trafficking. The non-immigrant status (T visa) protects victims of severe forms of trafficking: sex or labor trafficking. If you are a crime victim seeking immigration relief, our New York immigration lawyer at Nunez Law can guide you through the visa process and pursue the best possible outcome.
T Visas and Victims of Sex Trafficking
To be eligible for the T visa, sex trafficking involves being forced, defrauded, or coerced into commercial sexual acts. Victims also qualify if they are under the age of 18 years old and are induced into commercial sex. For minors, the eligibility requirement of force, fraud, or coercion into sexual acts is waived. Any inducement to a commercial sexual act qualifies as trafficking for minors.
The key elements of sex trafficking for T visa eligibility are as follows:
- Commercial sexual act: The victim must have been induced to perform a commercial sexual act, such as prostitution.
- Fraud, force, or coercion: The victim must have also been subjected to physical force, threats, or deception. Psychological pressure to compel someone into a sexual act also makes one eligible. This eligibility requirement is waived for minors under 18.
T Visas and Victims of Labor Trafficking
For T visa purposes, labor trafficking is defined as the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services through the use of force, fraud, or coercion for slavery, debt bondage, or involuntary servitude. Labor trafficking extends beyond typical workplace abuse and includes specific coercive tactics that deprive a person of the meaningful ability to leave their situation.
The key elements of labor trafficking for T visa eligibility include:
- Action: Traffickers must recruit, harbor, transport, provide, or obtain someone for work purposes. This can occur across many industries, including domestic services, hospitality, manufacturing, construction, and agriculture.
- Means: Traffickers must use fraud, force, or coercion to compel a person to work.
- Purpose: The trafficker must intend to subject the victim to involuntary servitude, slavery, or debt bondage.
Differences Between T Visas and U Visas
Although T visas are available for trafficking victims, those affected by other crimes may be eligible for a U visa. U visas are available for victims of other serious crimes, such as felony assault, sexual assault, and domestic violence. Like T visas, victims of crimes who apply for a U visa must also assist law enforcement in the investigation and prosecution of crimes.
Our Immigration Lawyer in New York Can Help
If you have been the victim of a crime and need to apply for a visa, our New York Immigration lawyer at Nunez Law can help you through the process and help you obtain the best possible outcome. Call us today at 917-708-1072 or fill out our online form to schedule a consultation and to learn more about how we can help.