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Visas for Victims of Crime and Human Trafficking

US T Visa

The U.S congress passed the Victims of Trafficking and Violence Protection Act and the Battered Immigrant Women’s Protection Act in the year 2000 to help victims of human trafficking both minors and adults.
They are divided into two types.
  1. T visas are for victims of human trafficking who have severe trauma, but can also assist in investigating crimes related to human trafficking.
  2. U visa is for those who have been a victim of certain criminal activities and that can aid in the investigation or prosecution of those criminals.

T visa for Human Trafficking

T visa is a US non-immigrant visa which allows victims to apply for a visa to get relief from their sufferings. There are many people who are smuggled into the US illegally on false claims for employment and other benefits.

  • A human trafficking case should have a goal for human trafficking which includes prostitution, forced labor, sexual exploitation, debt bondage, involuntary servitude, or slavery, and by recruitment, transferring, transportation, harboring, or receiving someone against their will and taking them coercion, threat, fraud, abduction, or deception.
  • The victim must have been trafficked into the US and be in the country to qualify as victims of human trafficking.
  • A victim adult or child need to be either forcibly smuggled into the U.S or been on false claims for employment and other benefits. It is not required that the victim have to have the knowledge that they were being trafficked, however they have to cooperate with law agencies in their investigations.
To apply for a T Visa
  • The applicant must be a victim of human trafficking in legal documents and must have been trafficked into the US and currently be within the US at a US port of entry.
  • The applicant must be willing to cooperate with law enforcement agencies to help in their investigation.
    The applicant is free from this requirement if:
    The applicant is a child under the age of 18 and have suffered substantial physical or mental trauma.
    The applicant must prove that sending the victim back from the US would make them suffer extreme suffering.
  • The applicant must prove that the applicant will not be able to get medical assistance and good protection in their home country as in the US.
  • The applicant must be acceptable in the US without braking any immigration rules. If the applicant is broken and is un acceptable to get an entry, then can file Form I-192, Application for Advance Permission to Enter as a Nonimmigrant.
  • T visa holder automatically gets an Employment Authorization Document (EAD) which grants them the right to work in any legal activity.
  • Once the T visa is given to the applicant, he/she may be eligible to get benefits that of a refugee only if the US department of health and human services and office of refugee resettlement must certify that the person was a victim of human trafficking.
    The applicant must be inside the US to be apply for a T visa application

Step by step T visa application process

  1. Completed Form I-914 and Supplement B form
  2. Pay Fees
  3. Prepare visa documents
Completed Form I-914 and Supplement B form
  • Completed Form I-914, Supplement B, Declaration of Law Enforcement Officer for Victim of Trafficking in Persons. This is a certification that you are a victim of human trafficking as proven by law enforcement agencies.
  • 3 passport sized photographs in the acceptable format. Photo Requirements
STEP 1: Complete form DS-160
  • Complete Form DS-160 -form -Fill Form
  • After successfully completing the application, you will receive a confirmation number a 10-digit number.
  • This confirmation number is required for setting up of visa interview appointment.
  • To complete the form the applicant needs a photo in the acceptable format. Photo Requirements
STEP 2: Pay fees
  • T-visa is free, but there are fees for filing the forms and one can get a waiver from them by filing, Form I-912 Request for Fee Waiver.
us f-1b visa application
STEP 3: Prepare your J1 visa documents

Applicant must provide all the required documents for US visa application that supports application process. These documents showing the US Embassy that you qualify to get T visa.

  • A valid Passport at least six months beyond the period of intended stay in the US.
  • Visa application fee payment receipt
  • US Visa interview appointment letter
  • A photo that complies with the US Visa photo requirements.
  • Proof that the applicant is a victim of human trafficking and need a T visa.
STEP 4: Visas Available to Dependents of Victims of Human Trafficking?

T visa was created and several derivative visas. The derivative visas are for dependents and family members, while the principal visa is for the victim.

  • T-2 visa is for the spouse of the T-1 visa holder with valid marriage certificate and does not accept multiple spouses.
  • T-3 visa is for the children of the T-1 visa holder, with a valid birth certificate.
  • T-4 visa is for the parents of the T-1 visa holder. The T-1 visa holder must be under 21 years old for the parents to qualify for a T-4 visa.
  • T-5 visa is for the unmarried siblings of the T-1 visa holder. The siblings must be under 18 years old, while the T-1 visa holder must be under 21 years old.

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EMPLOYMENT VISA
The H1B is very important & it is necessary to apply for USA work visa / work permit.
STARTING BUSINESS
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