In my Consulta Migratoria® column this week, I explain how undocumented immigrants who have been victims of human trafficking may be eligible for a T-visa.
Human trafficking or human smuggling is the illegal trade in persons for sexual or labor exploitation through prostitution or forced labor, involuntary servitude or any modern form of slavery. It is a serious problem with millions of victims around the world, thousands of them in the United States.
Traffickers lure people with false promises of employment and a better life. Victims may be men, women, adults or children, foreign nationals or U.S. citizens.
Undocumented immigrants are particularly vulnerable due to lack of legal status, language barriers, few employment options, social isolation, poverty, and debt related to their immigration to the country. Often, they are victimized by traffickers of the same national origin. For example, in late May 2013, German Rolando Vicente-Sapon was sentenced in Tennessee to more than 15 years in prison for human trafficking and sexual abuse of a minor. The man had smuggled a 16-year-old girl and forced her to have sex without her consent.
To protect and defend these individuals, the United States created the Trafficking Victims Protection Act (TVPA). If you are a victim of this crime, do not be afraid. Ask the police for help. In addition, the National Human Trafficking Resource Center can give you names of organizations that offer help and shelter by calling their toll-free hotline at 1-888-3737-888.
Immigrants who have been victims of human trafficking in the U.S. may be eligible for a T visa, which allows them to remain in the country to assist in the investigation or prosecution of the trafficker. This visa may also grant immigration benefits to certain immediate family members of the victims, even if they are outside the country.
Generally, for a person to be eligible for a T-visa, he or she must demonstrate that:
1. Is or has been a victim of human trafficking;
2. You are in the U.S., its territories, or at a port of entry because you are a victim of human trafficking;
3. You have assisted in the investigation or criminal prosecution of the trafficker;
4. He would suffer extreme prejudice if forced to leave the country; and
5. Admissible as an immigrant.
To determine if you are eligible for a T-visa, consult with an immigration attorney.
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