T-Visas: Immigration
Relief for Survivors of
Human Trafficking
Chicago Bar Foundation – Pro Bono Week
October 27, 2008
http://www.immigrantjustice.org
National Immigrant Justice Center
Partner of the Heartland Alliance for Human Needs and Human Rights
• Promotes human rights and access to justice for
immigrants, refugees, and asylum seekers through legal
services, policy reform, impact litigation, and public
education
• Provides legal education and representation to low-income
immigrants, asylum seekers, and refugees, including
survivors of domestic violence and victims of crimes,
detained immigrant adults and children, victims of human
trafficking, as well as immigrant families and others
What is human trafficking?
The crime defined:
To knowingly recruit, harbor, transport,
provide or obtain by any means, any
person for labor or services in violation of
the laws against peonage, slavery,
involuntary servitude or forced labor.
18 USC § 1590
Scope of the Issue
• 14,500-17,500 persons
trafficked annually to the
United States
• Two million people trafficked
annually across borders
worldwide
• Twenty-seven million people in
slavery around the world
Trafficking v. Smuggling
• Crime or violation
against a person
• Contains element of
coercion
• Subsequent exploitation
and/or forced labor
• Trafficked persons seen
as victims
• Cannot consent to
being trafficked
• Illegal crossing of an
international border
• No coercion
• Illegal entry only
• Smuggled persons seen
as violators of the law
The U.S. Response
• Trafficking Victims Protection Act (TVPA),
passed as part of Trafficking and Violence
Prevention Act of 2000 (VAWA II)
• Trafficking Victims Protection
Reauthorization Act (TVPRA) (2003)
• Violence Against Women Reauthorization
Act of 2005 (VAWA III)
TVPA of 2000 - Highlights
• Protection: Provides trafficked persons
immigration relief and other benefits
• Prosecution: Defines new crimes of
trafficking and forced labor
• Prevention: Publishes annual Trafficking
In Persons Report on countries’ efforts in
combating trafficking
Immigration Relief and Other
Benefits
• Continued Presence: short-term
immigration relief
• T-Visa: long-term immigration
relief
• Benefits: Federal and state public
assistance benefits
Continued Presence
Legal protection from removal
• Short-term relief
• Only federal law enforcement can request
• Granted by Department of Homeland
Security
• Does not confer immigration status
• Can simultaneously request employment
authorization
• 2-6 weeks to process
Continued Presence Application
• Continued presence request form
• Form I-102 (for initial or replacement I-94
arrival/departure document)
• Form I-765 (for employment authorization)
• G-28 (Notice of Entry of Appearance)
• Passport photos of client
• Client’s fingerprints
T-Visa: Long-Term Relief
• Legal status for four years
• Work authorization for four years
• Eligibility for federal and state public
benefits
• Eligibility to adjust to permanent
resident status after three years
T-Visa: Who is eligible?
• Victim of a severe form of trafficking in persons
• Physically present in the US on account of
human trafficking
• Is willing to cooperate with any reasonable
request for assistance in investigation of acts of
trafficking [cooperation not required of minors]
• Would suffer extreme hardship involving unusual
and severe harm on removal
Severe Forms of Trafficking in
Persons
Sex trafficking:
commercial sex act is
induced by force, fraud,
or coercion OR the
person induced to
perform commercial sex
act is not yet 18 years
old
Labor trafficking:
recruiting, harboring,
moving, providing or
obtaining a person for labor
or services through force,
fraud, or coercion for the
purpose of subjecting him/her
to involuntary servitude,
peonage, debt bondage, or
slavery
Severe Forms of Trafficking in Persons
Sex trafficking:
commercial sex act is
induced by force,
fraud, or coercion OR
the person induced to
perform commercial
sex act is not yet 18
years old
Labor trafficking:
recruiting, harboring,
moving, providing or
obtaining a person for
labor/services through
force, fraud, or coercion,
for the purpose of
subjecting him/her to
involuntary servitude,
peonage, debt bondage,
or slavery
T-Visa Application
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Cover letter
Memorandum of law
Form I-914: Application for T Nonimmigrant Status
Form I-914, Supplement B: Law Enforcement
Certification
Form G-28: Notice of Entry of Appearance as
Representative
Form I-192 (if applicable): Application for Advance
Permission to Enter as a Non-Immigrant (with $545 fee
until new regulations issued)
Biometric fee and passport photos
Supporting evidence: victim’s affidavit, country
conditions, letters from counselors, etc.
T-Visa: Supporting Evidence
• Primary evidence of cooperation with law
enforcement: Form I-914 Supplement B
completed by federal law enforcement
agent
• Secondary evidence of cooperation with
law enforcement : Form I-914 Supplement
B completed by state or local law
enforcement agent
Supporting Evidence: Affidavit
Draft statement in client’s own voice
Include objective and subjective elements
Be prepared to review with your client and
revise many times
Use statement to establish all required
elements for T-Visa
Remember that this is the only opportunity
USCIS has to “meet” your client
Three Elements Necessary to
Meet Trafficking Definition
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Recruiting
Harboring
Moving
or Obtaining
by
For the purposes of
Force
Fraud
or Coercion
a person,
(psychological or physical)
Involuntary Servitude,
Debt Bondage,
Slavery,
or Sex Trade
• How did you migrate?
• What happened when
you arrived?
• How did you find out
about the job?
• What was it like when
you started to work?
• How did your job
compare to what you
expected?
• Were you paid? How
much? How often?
• Did you try to leave your
job? What happened?
• Are you afraid of your
employer? Why?
T-Visa: Derivative Applicants
T-Visa applicants can include certain relatives as
derivative applicants
If applicant is under 21:
• Spouse
• Parents
• Children
• Unmarried siblings
under age 18
If applicant is over 21:
• Spouse
• Unmarried children
under 21
Important Considerations for
Communicating with Client
• Survivor may not identify self as victim of a
crime
• Survivor should always be allowed to speak for
him or herself
• Building trust is key
• Non-judgmental environment is essential
• Allow survivor to gain control over his or her
situation
Cultural Assumptions
• Degree of connection of trafficking survivor
with own ethnic community
• Degree of support of ethnic community for
trafficking survivor
• Individual identity vs. group identity
• View of mental health services
• View of social services
• Communication style
• Class issues
For more information:
Sehla Ashai
Staff Attorney
Counter-Trafficking Project
National Immigration Justice Center
208 South LaSalle Street
Suite 1818
Chicago, Illinois 60604
(312) 660-1322
This project was supported, in part, by Grant No. 2003-VT-BX-K003 awarded by the
Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. The
opinions, findings, and conclusions or recommendations expressed in this
publication/program/exhibition are those of the author(s) and do not necessarily reflect
those of the U.S. Department of Justice.