T Visas are a specific category of visas that provide protection and support to those who have been victims of severe forms of trafficking, such as forced labor, sexual exploitation, religious or faith-based trafficking, involuntary servitude, and victimization related to debts or late or missing payments.
For people unfamiliar with survivor work, “trafficking” may seem limited to “forced prostitution.” However, forced commercial sex acts is only one form of trafficking that makes someone eligible for the T Visa remedy. This humanitarian visa is extremely broad and encompasses many different types of exploitation (or attempted exploitation), including labor abuses in the workplace, at home, with intimate partners, or even through the internet.
T Visas provide a legal pathway for survivors to remain in the United States, access support services, and rebuild their lives. T Visa holders are eligible for certain benefits and protections, including access to healthcare, housing, employment, and social services. T Visa holders may complete the FAFSA and be considered for in-state tuition. T Visa holders get work permits, which makes it easier to get a social security number and driver’s license. T Visa holders also can apply for a green card without needing a sponsor and without having to show they will not use public benefits.
LGBTQIA+ is an abbreviation for lesbian, gay, bisexual, transgender, queer or questioning, intersex, asexual, and more. These terms are used to describe a person’s sexual orientation or gender identity.
LGBTQIA+ identifying individuals are sometimes overlooked when it comes to applying for a T Visa. This is extremely unfortunate, because LGBTQIA+ individuals who have experienced trafficking often face distinct forms of exploitation and discrimination. LGBTQIA+ people may also be particularly vulnerable to trafficking due to bias and discrimination in areas such as employment and housing giving traffickers an opening to step in and pretend to be the answer to their problems. We recognize that aim to close the information gap and empower immigrants to understand the T Visa option.
By providing this specific information about T Visas for LGBTQIA+ immigrants who have experienced trafficking, HT Law aims to empower survivors of trafficking within the LGBTQIA+ community, help them break free from exploitation, and provide a pathway towards a brighter and more secure future. We also affirm our commitment to inclusivity and recognition of the unique experiences and needs of our LGBTQIA+ community.
Many times, LGBTQIA+ identifying immigrants are funneled towards applying for asylum over other types of immigration pathways. However, T Visas can be a stronger and less stressful alternative to asylum cases due to the nature of adjudication, processing times, and grant rates. Our law offices maintains strict confidentiality, as is expected for all attorney-client relationships, to provide a safe space for trafficking survivors to tell their story and seek advice. Moreover, USCIS processes T Visa applications in a confidential way, much different from the court proceedings required in an asylum remedy.
The T Visa application process in general – and Helen Tarokic Law’s specific approach to working with all our trafficking survivors – builds in several protections and support services, ensuring that survivors are aware of their rights and avenues for seeking assistance. While asylum is often discussed as a potential pathway for LGBTQIA+ immigrants, it is crucial to understand the T Visa as an alternative option that may provide a faster remedy and more holistic services for victims.
What is a T Nonimmigrant Visa?
T Visas are a specific category of visas available to individuals who have been victims of certain types of sex and labor exploitation are present in the United States because of that victimization, and have reported that exploitation to law enforcement. The T Visa provides a legal pathway for survivors of trafficking to obtain temporary immigration status, access support services, and potentially pursue permanent residency.
T Visa Basics: Eligibility Criteria
This information is only an overview of the T nonimmigrant visa to provide a general understanding of this remedy. Potential applicants should not take it as specific advice for their situation. If these examples sound like something you experienced and you think you may be eligible for a T visa, please call our office to schedule a consultation at (910) 509-7145.
To be eligible for a T Visa, an individual must:
- be a victim of severe trafficking,
- be physically present in the United States or a U.S. territory due to trafficking, AND
- demonstrate a willingness to assist law enforcement in an investigation or prosecution of the trafficker (also called “reporting”)
The applicant must also demonstrate that they would suffer extreme hardship involving unusual and severe hardship if they were to return to their home country (for most of our clients, especially LGBTQIA+ individuals, that hardship is pretty clear from the beginning).
The applicant must also demonstrate that they are admissible to the United States (see below).
What does it mean to be a “victim of severe trafficking?” Many types of victimization = many grounds for a T Visa!
T Visas are granted to people who have been subjected to a severe form of trafficking, which can include forced labor, sexual exploitation, religious or faith-based exploitation, involuntary servitude, or even victimization based on creating a real or imagined “debt.” These visas are specifically designed to protect and assist victims who need to legalize their immigration status – or who already have some type of immigration status – and want a path to permanent residency.
Showing Physical Presence in the United States on account of trafficking
The victim must have been brought into the country OR (if there was no connection to the entry) the person has remained in the country due to the trafficking situation. It could be that there is no connection between the entry and the trafficking, because the victimization happened when the person was already in the United States and the victim is still in the United States. Or, it could be that someone did leave the United States, re-entered, and then was victimized after that last entry.
Legal advice on physical presence is very important and it varies from case to case. Please do not assume you don’t meet the requirement just because you have some entries and exits! One of the most important ways we often meet this requirement is to ensure the client has access to victim support services, like mental health counseling.
What is Willingness to Assist Law Enforcement? What is Reporting?
The T Visa applicant must demonstrate a willingness to assist law enforcement agencies in the investigation and/or prosecution of the trafficking case.
Much of the time, the victimization has not been reported by the time someone comes to our office. Based on that, our law office’s role may be to make a report by email or in a letter, to an agency that will receive the report. If an agency is able to take on the case, then cooperation can include providing information, testimony, or other forms of assistance to law enforcement authorities, and the law firm would assist you through this process. However, these agencies may not be able to take action or express interest in investigating, for example, if it is an older case where there is no concrete evidence. Unfortunately, there are simply too many victims and not enough law enforcement officers to take on every case. Still, then, a client can meet that “willingness” requirement because we made the report to law enforcement, and we have a client victim statement that is truthful.
We take a victim-centered approach and will discuss what it is that you want, and what would exemplify “justice” for you. We understand that reporting can cause significant anxiety for survivors of trafficking. Being willing to help doesn’t mean you have to actually receive an incident report or that law enforcement will even be interested in the case. Additionally, some agencies are not allowed to reveal the name of those who reported. If “reporting” concerns you, please talk to an attorney about those concerns to learn more about the reporting process, and the likelihood of whether authorities will want any cooperation from you.
Hardship if returned to their home country
The applicant must establish that they would suffer extreme hardship involving unusual and severe harm if they were to return to their home country. Our office works with clients to document the hardship. For most of our clients, especially LGBTQIA+ individuals, that hardship is pretty clear from the beginning and can include economic hardship, psychological trauma, social/cultural stigma, physical danger or abuse, or a combination of factors.
Admissibility to the United States
The applicant must meet the general admissibility requirements for entry into the United States or qualify for a “waiver” of their criminal/immigration violations. If a person is “inadmissible,” there are two extremely broad, favorable laws available to “waive” or “forgive” the immigration or criminal violations.
Often, we consult with clients who believed they cannot legalize their immigration status because they have prior deportations or false claim to U.S. citizenship or some criminal history that will prevent them from any immigration option.
However, the T Visa laws are humanitarian and have a waiver system “built into” the program so that applicants can legalize their immigration status without a sponsor, and with a plan to request a waiver of any criminal/immigration violations as part of the T Visa process.
Extra protections for minors (people under age 18) who are victims of trafficking.
T Visas are available for people who have been a victim of Human Trafficking – which the law breaks down into Labor Trafficking and Commercial Sex Trafficking (and an attorney advises an applicant on that eligibility – you do not have to know what kind of victim you are!) The special considerations for minors (people under 18) mean that unlike adult victims, minors DO NOT have to show force/fraud/coercion for commercial sex trafficking because they can never consent to a sexual act while under 18.
- T Visas are available for people who have been a victim of Human Trafficking – which the law breaks down into Labor Trafficking and Commercial Sex Trafficking (and an attorney advises an applicant on that eligibility – you do not have to know what kind of victim you are!) The special considerations for minors (people under 18) mean that unlike adult victims, minors DO NOT have to show force/fraud/coercion for commercial sex trafficking because they can never consent to a sexual act while under 18.
- Minors who were labor trafficked (or victims of attempt or conspiracy to traffic) are considered to be more vulnerable, so it takes less to show there was coercion given the power imbalance between minors and adults. Often, a minor may not have realized when they were young, what coercion was taking place – but as an adult may still be able to apply for the T Visa
- For a person who is under 18 – Even if they are not T Visa qualified, but who has experienced trafficking anywhere in the world, there is a process to get them a social security number and some public benefits (which can include Medicaid and an EBT card for cash/food assistance).
Who can apply?
T Visas are available to individuals of any nationality (other than U.S. citizens, who don’t need status).
People with temporary lawful presence (like DACA (Deferred Action for Childhood Arrivals) or other types of status (e.g., H-1B) can file for T Visas in certain cases.
If a person has a pending asylum case, they might want to file a T Visa application in case it can complete their immigration process in a less adversarial environment. A T Visa may also be a faster option than a U Visa for victims of certain qualifying crimes, and you may apply for both at the same time.
If you are completely without status (e.g., undocumented, or a visa overstay, or have a prior deportation), you still may be T Visa eligible due to the waiver rules.
Benefits and Duration
T Visas provide several important benefits to survivors of trafficking. These include:
- Temporary immigration status for 4 years,
- The ability to work legally in the United States for 4 years,
- Access to some social support services as soon as the crime is reported (even before the T Visa is filed) through the Trafficking Victims Assistance Program (TVAP),
- Access to certain federal and state benefits and services after the T Visa is approved, and
- The possibility of getting derivative T Visas for qualifying family members (including a spouse, children – and sometimes even siblings and parents, with additional legal requirements).
After a certain period of continuous presence in the United States (and other requirements), T Visa holders may be eligible to apply for lawful permanent resident (LPR) status (mostly known as a “green card”).
Then, after meeting the requirements for naturalization, T Visa holders and approved derivatives with LPR status can take steps to become a US Citizen.
Legal Protections: T Visa holders are granted certain rights and protections under U.S. law. These include:
- Protection from removal or deportation (and waiver of past offenses, if the I-192 Waiver of Inadmissibility is approved),
- The ability to pursue civil remedies against traffickers,
- Confidential processing of their case by USCIS (meaning, there will not be a court hearing and USCIS will not inform the trafficker, your family, your community members, or anyone else that you have applied for a T Visa).
Examples of Victimization for T Visa
The eligibility criteria for T Visas include that the applicant is a Victim of Severe Trafficking, which can include forced labor, sexual exploitation, or involuntary servitude, among other things (more technical terms like “commercial sex” and “debt bondage”). Attempted trafficking and conspiracy to traffic are also enough to consider a person to be a victim of trafficking.
But what does this look like in real life? Here are some examples of trafficking stories:
- Sometimes the trafficking takes place on the way to the US and causes the victim’s entry into the US. Most of the time, trafficking takes place place when the person is already in the US. The trafficking does not have to be the basis of the person coming into the United States; there can still be T Visa options if the trafficking starts *after* the person has come into the United States.
Sometimes the trafficking takes place when a person is being targeted by smugglers as LGBTQIA+ and then made to have sex, smuggle drugs, or cook and clean, or do other things in a threatening environment. A person may willingly come to the US (perhaps to flee discrimination in their home country), only to encounter abuse along the way. Even if this happened decades ago, it may still qualify a person for a T Visa.
- Sometimes “attempt” or “conspiracy “to traffic will be the basis of a case, meaning that the person was not actually trafficked, but that the trafficker had some kind of a plan to victimize them.
Example: A member of a church or religious community is molesting boys from the youth group that they see as “gay.” One of the boys was thankfully not victimized; the molester did not act upon it with this young person. However, all the boys may be considered victims of attempt and therefore have T Visa options.
- “Involuntary servitude” may take place in many situations – but most commonly, it is failure to pay, failure to pay on time, and discrimination/harassment in the workplace that creates a coercive environment resulting in some kind of labor or service performed that the person would not have done freely without that abusive environment.
For example: in a restaurant, an employee is paid late. The supervisor or co-workers make sexually harassing comments, often including offensive LGBTQIA+ jokes., The employer or supervisors don’t protect the employee from having to put up with these labor abuses.
- Sometimes the trafficking takes place when the person is under age 18, which has even more protections for the victim.
Example: An abuser offers a person under 18 their first alcohol or drugs and then tries to get them to have sex. This may be considered “commercial sex trafficking” or “attempted commercial sex trafficking” because a thing of value is offered in exchange for sex – and a minor cannot legally consent to that. Even if the person felt “willing” to do a sex act, being under the age of 18 means the person lacked the legal ability to consent. Thus, the victim does not have to prove “force, fraud or coercion.”
- Sometimes a family member or close friend is the trafficker.
Example: In a relationship, there is domestic abuse that results in sexual servitude or a situation where there is labor exploitation within or outside the household.
Our law office and others who help trafficking victims use “Power & Control Wheels” to discuss what happened with the victim and help understand the complex dynamics of many exploitative and abusive situations. There are also specific Power and Control Wheels that help discuss abuse in for LGBTQIA+ individuals – for example: Click Here.
Special Considerations for LGBTQIA+ identifying T Visa Applicants
LGBTQIA+ identifying individuals can be at a greater risk of being trafficked due to a multitude of complex, intersectional factors and there are just as many factors that keep this population from reaching out for help.
Why Are LGBTQIA+ People More Likely to Be Trafficked?
LGBTQIA+ individuals often find themselves at the intersection of societal stigma and discrimination. This unfortunate reality can lead to social isolation and a lack of support from their communities. Traffickers, recognizing this isolation, exploit it to their advantage. They offer false promises of acceptance, love, or belonging, drawing victims into exploitative situations.
In addition to societal discrimination, LGBTQIA+ youth face a higher risk of family rejection. This rejection can force them into homelessness, making them more susceptible to trafficking. Traffickers may target unhoused or housing-insecure LGBTQIA+ individuals, providing shelter and support as a means to recruit them into trafficking situations.
Also, the lack of legal protections in many countries leaves LGBTQIA+ individuals vulnerable to various forms of discrimination, harassment, or violence. The fear of reporting abuse or exploitation to authorities, due to potential discrimination or persecution, often keeps victims silent and trapped in trafficking situations. Economic disparities and limited job opportunities compound these issues, as discrimination in the job market can restrict LGBTQIA+ individuals’ access to stable employment. Traffickers exploit their financial vulnerabilities by promising a better life, ultimately coercing them into trafficking situations.
Moreover, in regions with harsh anti-LGBTQIA+ laws or societal attitudes, LGBTQIA+ individuals may be forced to migrate to seek safety. During the migration process, they can become vulnerable to traffickers who exploit their lack of legal status and unfamiliarity with local laws and customs.
Challenges Faced by LGBTQIA+ Trafficking Victims in the U.S.
Upon arriving in the United States, LGBTQIA+ trafficking victims encounter a unique set of challenges. One of the most significant challenges is the fear of disclosing their status to authorities or service providers due to potential discrimination or persecution. This fear can deter them from seeking assistance and protection, leaving them in exploitative situations.
Additionally, limited access to culturally competent healthcare is a significant concern. Some LGBTQIA+ individuals may avoid seeking healthcare services due to discrimination or a lack of culturally competent care. Consequently, they may have unmet healthcare needs, which traffickers can exploit.
Discrimination in the job market poses yet another challenge. LGBTQIA+ individuals may be forced into precarious employment situations due to this discrimination, making them susceptible to traffickers who exploit their need for income, coercing them into exploitative labor situations. Trafficking may also present itself in the workplace where a co-worker or supervisor or customer of the business is the perpetrator, so with employment or self-employment, LGBTQIA+ immigrants may be facing victimization by multiple people, or they may feel it is “normal” to be subjected to this abuse in the workplace. In working environments, heterosexism, transphobia, biphobia, homophobia, and acephobia can play a role in creating a situation that rises to the level of “labor trafficking.” If you are not sure, an attorney can help you figure it out.
Vulnerability to sex trafficking or labor exploitation is a grave concern particularly for transgender individuals within the LGBTQIA+ community. The demand for commercial sex work often operates underground and is less regulated, making it easier for traffickers to exploit victims. In some cases, LGBTQIA+ individuals may also be subjected to labor exploitation in sectors where labor rights abuses are prevalent.
The threat of blackmail and intimidation further compounds the challenges faced by LGBTQIA+ trafficking victims. Traffickers may exploit them by threatening to disclose their sexual orientation or gender identity to family, friends, or employers. This not only coerces them into trafficking situations but also perpetuates a cycle of fear and control.
The internet is also a specific danger. Solicitation, recruitment, and harassment happen on social media and through other forms of cyber harassment. Traffickers can use technology to target LGBTQIA+ victims more easily. This kind of behavior can take many forms such as name-calling, derogatory jokes, intrusive or hostile questioning, threatening to ‘out’ someone, and it is very coercive.
Often limited access to support services that are sensitive to their needs and experiences hinders the ability to escape exploitative situations and recover. Trafficking may have escalated to in-person violence, sexual assault, sexually transmitted infections, unwanted tattoos or brands, permanent scarring, financial hardship, loss of safe housing, debt, and more.
Additionally, language and cultural barriers can be significant obstacles for LGBTQIA+ immigrants and refugees, preventing them from seeking help or understanding their rights in their host countries. These barriers can make them easier targets for traffickers who exploit their vulnerability. This abuse can happen verbally, in writing, in person or virtually (e.g., by email, messages, social media). Whatever form it takes, it is always unacceptable.
Legal-medico needs of LGBTQIA+ clients are of major importance. Support by mental health, legal, and medical professionals in the community can help with more positive outcomes. The T Visa is designed to provide some relief to LGBTQIA+ survivors of sex or labor exploitation.
How Helen Tarokic Law works with LGBTQIA+ T Visa Applicants
T Visas play a crucial role in recognizing the rights and needs of trafficking victims, including those within the LGBTQIA+ community. They offer a lifeline to survivors, providing them with legal protection, access to support services, and an opportunity to rebuild their lives in the United States. Our law firm is uniquely committed to assisting applicants in obtaining T Visas, with observation and respect for the unique factors affecting the lives of LGBTQIA+ identifying applicants.
Our law firm recognizes the intricate web of challenges that LGBTQIA+ trafficking victims confront, from societal discrimination to vulnerabilities in the United States. By acknowledging and understanding these unique circumstances, we reinforce our commitment to providing compassionate, culturally sensitive, and specialized legal support. Our mission is to ensure that LGBTQIA+ trafficking victims receive the justice and protection they deserve, empowering them to rebuild their lives and move forward with confidence.
We provide private, confidential legal services at our law firm. We will do our best to help you in a caring and professional way and focus on your needs and immigration goals. For example, if you are not comfortable talking about LGBTQIA+ victimization but were trafficked, we may do a T Visa case without having to reference LGBTQIA+ victimization. If you are willing to talk with us about what happened, though, it may make it easier for us to help you. We try to meet people where they are in life, and will do our best to but inclusive, professional, and balanced in our assessment of your case.
If you have experienced anything like the circumstances described in this article (or are generally looking for immigration options) please reach out to our office at (910) 509-7145 to schedule a consultation.
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