T Visa Law Updates for Trafficking Victims
The T visa in the United States provides victims of severe human trafficking with temporary legal status and protection. With a T visa, victims can remain in the U.S. for up to four years, legally work, and possibly apply for a green card. In exchange for a T visa, victims are typically required to assist law enforcement in investigating and prosecuting human traffickers.
There were extensive updates made to T visas in 2024. At Nunez Law, our New York immigration lawyer can guide you through the process and ensure you are adequately prepared to obtain the best possible outcome.
What Changes Were Made to the T-Visa Program?
T visas are an essential aspect of immigration law… New changes have also brought new benefits. These changes were part of the 2024 Final Rule. The most important changes are as follows:
- Bona fide determinations: The updates provide a new framework for obtaining preliminary relief in the form of a work permit, stay of removal, and benefits. Meanwhile, victims await the final decision on their T visa. The new forms of relief are generally available for applications filed on or after August 28, 2024.
- Trauma-informed language: The updates also replaced the term ‘alien’ with ‘victim,’ ‘noncitizen,’ or ‘applicant.’ It also provided definitions for key words and phrases such as ‘serious harm,’ ‘coercion,’ and ‘involuntary servitude.’
- Cooperation with law enforcement: The new updates clarified the factors for determining reasonable cooperation requests from law enforcement. It also clarified the exemption for child victims from cooperation requirements.
- Eligibility and requirements: The changes also broadened the interpretation of the connection between the victim’s presence in the United States and trafficking. They also ensured that individuals protected by a T visa are exempt from the ‘Public Charge’ rules.
- Updated manuals: The U.S. Citizenship and Immigration Services (USCIS) also updated its manual to reflect the new changes.
What Did the Updates to the Law Accomplish?
The recent updates to the T visa have achieved many goals. By clarifying definitions, specific terms such as ‘serious harm’ provide greater consistency. The process is also more streamlined, as proving victim status is easier. T visa applications are now more efficient, with fewer requests for additional evidence. Improved coordination with law enforcement makes it easier for agencies to respond to trafficking reports and investigate incidents.
Our Immigration Lawyer in New York Can Help You Through the Process
The U.S. immigration system is complex, and its laws are constantly evolving. Even the slightest mistake could hurt your case. Call us at 917-708-1072 or complete our online form to schedule a consultation with our experienced attorney and learn how we can help with your case.