Green Card for Trafficking Victims

badski007.  Pixabay

badski007. Pixabay

Human trafficking, also known as trafficking in persons, is a form of modern-day slavery in which traffickers lure individuals with false promises of employment and a better life. Traffickers often take advantage of poor, unemployed individuals who lack access to social services.
In October 2000, Congress created the “T” nonimmigrant status. This strengthens the ability of law enforcement agencies to investigate and prosecute human trafficking, and also offer protection to victims.
The T nonimmigrant visa allows victims to remain in the United States to assist in the investigation or prosecution of human traffickers. Once a T nonimmigrant visa is granted, a victim can apply for permanent residence after three years. Immediate family members are eligible for derivative nonimmigrant status.
Adjustment of Status for T Visa holders
To apply for a green card as a T-1 nonimmigrant (principal), you must meet the following conditions:

  • You have been physically present in the United States for three years or upon the completion of the investigation or prosecution of the trafficking case.
  • You have been a person of good moral character.
  • You have complied with any reasonable request for assistance in the investigation or prosecution of acts of trafficking.
  • You would suffer extreme hardship involving unusual and severe harm upon removal from the United States.
  • You are admissible to the United States as a permanent resident.

Family members who were granted derivative T nonimmigrant status are also eligible to apply for a green card if:

  • You are the family member of a T-1 principal applicant.
  • You are in lawful T-2, T-3, T-4, or T-5 derivative nonimmigrant status.
  • The T-1 principal applicant’s Form I-485 application is currently pending, or is being filed at the same time as your I-485 application.
  • The T-1 principal meets the eligibility requirements for adjustment of status (a green card).
  • You are admissible to the United States as a permanent resident. 

Click here for more information on What is Human Trafficking? and Remedies for Human Trafficking Victims and SurvivorsContact us if you’d like more information about the T nonimmigrant visa or the adjustment of status process. Follow us on Instagram, Twitter, Facebook, LinkedIn, and on Tumblr for up-to-date immigration news.

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