Victims of Crime, Domestic Violence, and Human Trafficking visa attorney in Jacksonville

1. The applicant must possess information concerning the criminal activity, and must be helpful, have been helpful, or likely to be helpful with the investigation or prosecution of the crime. For minors under 16 years of age, a parent, guardian, or “next friend” who has information about the criminal activity may be the one to cooperate with law enforcement;
2. The applicant must obtain a certification from a law-enforcement official, prosecutor, judge, Department of Homeland Security (DHS), or other federal or state authorities investigating or prosecuting the criminal activity; and
3. The applicant must be admissible under immigration law or must qualify for a waiver of inadmissibility.

If U Nonimmigrant status is approved, the applicant will be granted such status for four years. After holding three years in U-nonimmigrant status and continuous physical presence in the U.S., the applicant will be eligible to apply for adjustment of status, assuming they meet all of the other requirements.

T Visa: Immigration Relief for Survivors of Sex or Labor Trafficking

Human trafficking survivors may be eligible for lawful status, employment authorization, and a potential path to permanent residency if their requests for T-Nonimmigrant status is approved. Labor trafficking, sex-trafficking, and domestic servitude are all examples of human trafficking which is prohibited under U.S. law. Many trafficking survivors do not realize that what they endured amounts to human trafficking, until the elements are explained to them by someone familiar with the legal requirements and process. 

There are up to 5,000 T visas available each year. Spouses and unmarried children (and, if the applicant is under 21, parents and unmarried minor siblings) of T-visa applicants may also qualify as dependent family members of the trafficking victim. There is no limit on the number of visas available for qualified family members. 

The requirements for T-Nonimmigrant status are:

1. The applicant is a victim of a severe form of trafficking;
2. The applicant is physically present in the United States on account of trafficking;
3. The applicant reports to law-enforcement officials and assists in any investigation or prosecution of the traffickers (victims under 18 years of age are exempted from this requirement); and
4. The applicant can demonstrate that she will suffer extreme hardship involving unusual and severe harm if removed from the United States.

Unlike the U-visa, law enforcement certification is not required to apply for a T-visa, but reporting the trafficking is a requirement. If a T-visa is approved, it will lead to four years of T-Nonimmigrant status, and after the third year, the applicant may proceed with an application for adjustment of status, assuming they meet all of the other requirements.