A T visa is a type of visa allowing certain victims of human trafficking (which includes both labor trafficking and sex trafficking) and immediate family members to remain and work temporarily in the United States, typically if they report the crime to law enforcement, and agree to help them in the investigation and/or prosecution of the crime(s) committed against them. It also allows close family members of the victims to come to the United States legally.
This section needs to be updated. The reason given is: 2011 estimates are more like 17,500 but source needed.. Please help update this article to reflect recent events or newly available information.(May 2016)
The United States government estimated in 2002 that each year up to 50,000 people are trafficked illegally into the United States, mostly women and children, and are trapped in slavery-like situations.[1] As a response, it enacted the Victims of Trafficking and Violence Protection Act of 2000 (VTVPA), which, among other things, allows such people to apply for three-year temporary visas that lead to permanent resident status. In 2006, Congress modified 8 CFR 214.11(p) to now have the T-visa to be for four years. Although 5,000 are available per year, only 2,000 had been issued as of January, 2009.[2] In 2017, there were 8524 cases of human trafficking being reported to National Human Trafficking Hotline.[3] And up to 2018, the allowed stay period for people who are granted a T visa is still four years.[4]
Eligibilityedit
T-1 visas are available to people who fall under these criteria:
Committed commercial sex acts as a result of force, fraud, or coercion, (if under 18 when committing commercial sex acts, no force, fraud, or coercion is necessary because minors cannot consent to commercial sex acts)[5]
Report their trafficking crime to federal authorities and, if at least 18 years old at the time of trafficking, help with all reasonable requests from law enforcement, i.e. investigations and prosecutions. With the 2006 modification, the required compliance with law enforcement was deemed not fit if the victim would undergo any severe trauma. This is better known as the "trauma exception".
must include an endorsement from a law enforcement agency included in the T-1 visa application (if the agency chooses to not include an endorsement, the victim must provide sufficient secondary evidence)
In order to be eligible for a T visa the applicant must demonstrate "unusual or severe harm" if they were to be removed from the United States. This includes:[6]
Age and personal circumstances of the T visa applicant.
Serious physical or mental illness of the T Visa applicant of which they will be unable to receive treatment in their home country.
Likelihood of re-victimization.
Reasonable expectation of punishment upon applicants return to home country.
Likelihood of harm by traffickers or related individuals upon return.
Related visas include:
T-2 visas - spouses of T-1 applicants
T-3 visas - children of T-1 applicants
T-4 visas - parents of T-1 applicants who are children
T-5 visas - under-18 unmarried siblings of T-1 applicants
This goes against the UN's Palermo Protocol which the United States is a signatory to. Most human trafficking advocacy groups strongly recommend against this type of requirement specifically: proven harm, mandated cooperation, and law enforcement recommendation.[citation needed]
Statisticsedit
Number of visas issued by yearedit
The first T visas were issued in Fiscal Year 2003. In the table below, the years are Fiscal Years, so for instance the year 2009 refers to the period from October 1, 2008 to September 30, 2009.[7] Note that this only counts T visas issued at embassies and consulates outside the United States, and does not include people who changed nonimmigrant status to T status within the United States. The T-1 status is the one most likely to be achieved through change of status within the United States, and therefore T-1 visas are not usually issued.
Fiscal Year
Number of T-1 visas issued
Number of T-2 visas issued
Number of T-3 visas issued
Number of T-4 visas issued
Number of T-5 visas issued
Total
2003
0
20
38
0
0
58
2004
0
74
145
0
0
219
2005
0
35
65
7
5
112
2006
0
11
43
5
1
60
2007
0
20
70
5
3
98
2008
0
34
132
5
8
179
2009
0
8
81
3
3
95
2010
0
64
167
7
8
246
2011
0
127
258
10
14
409
2012
0
151
342
7
17
517
2013
0
171
357
22
31
581
2014
0
115
370
18
13
516
2015
0
111
376
10
10
507
Referencesedit
^"Department of Justice issues T visa to protect women, children and all victims of human trafficking". United States Department of Justice. January 24, 2002. Retrieved 2007-08-08.
^Mark P. Lagon. "Mark P. Lagon: Law and Morality of Human Trafficking". Fora.TV.
^Bourmont, Martin de (9 July 2018). "New U.S. Policy Raises Risk of Deportation for Immigrant Victims of Trafficking". Foreign Policy. Retrieved 2019-04-03.
^"Victims of Human Trafficking: T Nonimmigrant Status". USCIS. 2018-05-10. Retrieved 2019-04-03.
^ ab"Victims of Human Trafficking: T Nonimmigrant Status". USCIS. USCIS. Retrieved November 26, 2023.
^York, Harlan (November 29, 2013). "T Visa: 5 Things You Have To Know". Retrieved 2015-06-08.
DOJ issues regulations for T visas, available to victims of trafficking - National Immigration Law Center article
Identification and Legal Advocacy for Trafficking Survivors - Legal manual from the New York Anti-Trafficking Network
December 15, 2023
visa, type, visa, allowing, certain, victims, human, trafficking, which, includes, both, labor, trafficking, trafficking, immediate, family, members, remain, work, temporarily, united, states, typically, they, report, crime, enforcement, agree, help, them, inv. A T visa is a type of visa allowing certain victims of human trafficking which includes both labor trafficking and sex trafficking and immediate family members to remain and work temporarily in the United States typically if they report the crime to law enforcement and agree to help them in the investigation and or prosecution of the crime s committed against them It also allows close family members of the victims to come to the United States legally Contents 1 Background 2 Eligibility 3 Statistics 3 1 Number of visas issued by year 4 References 5 External linksBackground editThis section needs to be updated The reason given is 2011 estimates are more like 17 500 but source needed Please help update this article to reflect recent events or newly available information May 2016 The United States government estimated in 2002 that each year up to 50 000 people are trafficked illegally into the United States mostly women and children and are trapped in slavery like situations 1 As a response it enacted the Victims of Trafficking and Violence Protection Act of 2000 VTVPA which among other things allows such people to apply for three year temporary visas that lead to permanent resident status In 2006 Congress modified 8 CFR 214 11 p to now have the T visa to be for four years Although 5 000 are available per year only 2 000 had been issued as of January 2009 2 In 2017 there were 8524 cases of human trafficking being reported to National Human Trafficking Hotline 3 And up to 2018 the allowed stay period for people who are granted a T visa is still four years 4 Eligibility editT 1 visas are available to people who fall under these criteria Are present in the United States on account of involuntary servitude peonage debt bondage and or slavery 5 Committed commercial sex acts as a result of force fraud or coercion if under 18 when committing commercial sex acts no force fraud or coercion is necessary because minors cannot consent to commercial sex acts 5 Would suffer extreme hardship if deported Report their trafficking crime to federal authorities and if at least 18 years old at the time of trafficking help with all reasonable requests from law enforcement i e investigations and prosecutions With the 2006 modification the required compliance with law enforcement was deemed not fit if the victim would undergo any severe trauma This is better known as the trauma exception must include an endorsement from a law enforcement agency included in the T 1 visa application if the agency chooses to not include an endorsement the victim must provide sufficient secondary evidence In order to be eligible for a T visa the applicant must demonstrate unusual or severe harm if they were to be removed from the United States This includes 6 Age and personal circumstances of the T visa applicant Serious physical or mental illness of the T Visa applicant of which they will be unable to receive treatment in their home country Likelihood of re victimization Reasonable expectation of punishment upon applicants return to home country Likelihood of harm by traffickers or related individuals upon return Related visas include T 2 visas spouses of T 1 applicants T 3 visas children of T 1 applicants T 4 visas parents of T 1 applicants who are children T 5 visas under 18 unmarried siblings of T 1 applicantsThis goes against the UN s Palermo Protocol which the United States is a signatory to Most human trafficking advocacy groups strongly recommend against this type of requirement specifically proven harm mandated cooperation and law enforcement recommendation citation needed Statistics editNumber of visas issued by year edit The first T visas were issued in Fiscal Year 2003 In the table below the years are Fiscal Years so for instance the year 2009 refers to the period from October 1 2008 to September 30 2009 7 Note that this only counts T visas issued at embassies and consulates outside the United States and does not include people who changed nonimmigrant status to T status within the United States The T 1 status is the one most likely to be achieved through change of status within the United States and therefore T 1 visas are not usually issued Fiscal Year Number of T 1 visas issued Number of T 2 visas issued Number of T 3 visas issued Number of T 4 visas issued Number of T 5 visas issued Total2003 0 20 38 0 0 582004 0 74 145 0 0 2192005 0 35 65 7 5 1122006 0 11 43 5 1 602007 0 20 70 5 3 982008 0 34 132 5 8 1792009 0 8 81 3 3 952010 0 64 167 7 8 2462011 0 127 258 10 14 4092012 0 151 342 7 17 5172013 0 171 357 22 31 5812014 0 115 370 18 13 5162015 0 111 376 10 10 507References edit Department of Justice issues T visa to protect women children and all victims of human trafficking United States Department of Justice January 24 2002 Retrieved 2007 08 08 Mark P Lagon Mark P Lagon Law and Morality of Human Trafficking Fora TV Bourmont Martin de 9 July 2018 New U S Policy Raises Risk of Deportation for Immigrant Victims of Trafficking Foreign Policy Retrieved 2019 04 03 Victims of Human Trafficking T Nonimmigrant Status USCIS 2018 05 10 Retrieved 2019 04 03 a b Victims of Human Trafficking T Nonimmigrant Status USCIS USCIS Retrieved November 26 2023 York Harlan November 29 2013 T Visa 5 Things You Have To Know Retrieved 2015 06 08 Non immigrant visa statistics United States Department of State Retrieved March 18 2017 External links editVTVPA text of statute DOJ issues regulations for T visas available to victims of trafficking National Immigration Law Center article Identification and Legal Advocacy for Trafficking Survivors Legal manual from the New York Anti Trafficking Network Retrieved from https en wikipedia org w index php title T visa amp oldid 1187010360, wikipedia, wiki, book, books, library,
