T non-immigrant status
The T Nonimmigrant Status (T visa) was created for those who are or have been victims of human trafficking, protects victims of human trafficking and allows victims to remain in the United States to assist in an investigation or prosecution of human trafficking.
Requirements to be eligible for a T visa:
- You are or were a victim of trafficking, as defined by law
- You are in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry due to trafficking·
- You comply with any reasonable request from a law enforcement agency for assistance in the investigation or prosecution of human trafficking (or you are under the age of 18, or you are unable to cooperate due to physical or psychological trauma)
- You demonstrate that you would suffer extreme hardship involving unusual and severe harm if you were removed from the United States
A person in the United States in T Nonimmigrant may apply for a green card if he or she meets the following requirements:
- Be physically present in the United States for a continuous period of at least three years in T nonimmigrant status, or a continuous period during the investigation or prosecution of the acts of trafficking, provided that the Attorney General has certified that the investigation or prosecution is complete, whichever time is less.
- Maintain good moral character during your stay in the United States.
- Have complied with any reasonable request for assistance in the investigation or prosecution of acts of trafficking demonstrate extreme hardship involving unusual and severe harm upon removal from the United States or have been under 18 years of age at the time of the trafficking victimization.
- Be admissible to the United States, or obtain a waiver of admissibility.
Certain qualifying family members are eligible for a derivative T visa as well for a green card.
If you have been victim of a crime and need to determine whether you are eligible for a T Visa or if you need assistance with the T Visa process, contact South Florida immigration attorney Jorge L. Delgado