Are you or someone you know a military member who has bravely served our country, only to face the devastating consequences of deportation or otherwise lose your immigration status?
Or are you a military member or veteran who has a family member who needs immigration status?
At our law firm, we recognize the sacrifices our service members make and do our best to try to understand their unique challenges, including mental health issues that may stem from their military service. This article explains a possible solution for those who have lost their immigration status: the T visa.
The T Visa as a Path to Freedom: The T visa can offer a lifeline for military members who have been victims of labor trafficking or sex trafficking. It can provide a pathway for survivors to get mental health and financial assistance, gain temporary legal status in the United States, and access a range of benefits and services to aid in their recovery and reintegration.
Military families – please also see our article on Parole in Place for Military Families.
Overview: What is a T Visa?
The T visa is a special type of nonimmigrant visa designed to assist victims of human trafficking (sex or labor trafficking). T visa status can provide a 4-year period of authorized nonimmigrant (temporary) status along with a 4-year work permit. The principal victim applies for “T-1” status, and derivative options may be available for spouses, children, and sometimes parents or siblings, or even adult sons and daughters, depending on the case.
What is human trafficking?
What is human trafficking? The word “trafficking” scares and misleads people. “Trafficking” is commonly portrayed as kidnapping and forced prostitution. However, the definition of trafficking for T visa purposes includes many other types of much more common exploitation, often involving forced labor or abuse within relationships.
A few examples of labor trafficking are:
- Abusive work environments – employers who pay late or pay less than the agreed-upon amount without appropriate justification; verbally abuse or scare employees; threaten their immigration status or to report someone to law enforcement for lack of immigration status; or force people to work without proper training or safety equipment;
- Industry Exploitation – trafficking can happen in day labor, agricultural, or construction/contracting work;
- Religious exploitation – misusing the power of faith and community to make someone feel like they have to do things they do not want to do, such as have sex or tolerate sexual harassment, pay tithes or make extreme donations, do excessive unpaid “volunteer” work for the religious organization;
- “Smuggling turned trafficking” – forced labor by the smuggler who was hired to bring someone into the U.S. but makes them work or sexually abuses the traveler during the transit. For example, making them cook, clean, or carry luggage or other items.
The T visa also covers commercial sex trafficking – which does not just mean forced prostitution or sex work. It covers a variety of situations where a “thing of value” is exchanged for sex. This can happen to men and women, minors, and adults, and all gender identity or sexual orientation. It can happen at work, at home, in a domestic relationship, or in other social relationships – and in many different ways. A “thing of value” can be an item, food, job security, safety of the victims or others around them, and many other important “things.”
Sometimes sex trafficking can include the following (and it can be mixed with labor trafficking):
- Sexual harassment in the workplace;
- Sexual assault by smugglers, such as a smuggler forcing people to have sex (or perform labor) in exchange for passage onwards, to the next part of the journey;
- An employer or smuggler forcing people work off a debt;
- An employer or smuggler forcing people to work for continued access to food, shelter, other essential needs, or even drugs (especially if the addiction was created as part of the abuse);
- Some kinds of domestic violence from a spouse or intimate partner, especially if it includes sexual abuse, can also be sex or labor trafficking.
Examples of Coercion for Labor Trafficking
Labor trafficking affects individuals in various industries, including construction work, self-employment, landscaping, restaurant work, cleaning services, personal care or nannying services, contractor work, professional services, and more. Labor trafficking also can be committed by coyotes or “smugglers” who bring in people to the US undocumented or with false papers.
A person who has been in military service could still fall victim to labor trafficking. Sometimes, despite their service to their country, veterans are treated badly in the workplace. Sometimes, difficult financial and life circumstances mean a veteran ends up in the only job that they can find, and it ends up being an abusive environment. A T Visa might be an option to get stable immigration status, work authorization, and a way to apply for lawful permanent residency.
Victims of labor trafficking often face coercion and manipulation at work, making it difficult for them to escape the exploitative situation. Some examples of coercion in labor trafficking include:
- Threats of harm: Traffickers may threaten to harm the survivor or their loved ones if they attempt to leave the exploitative job or seek help.
- Debt bondage: Survivors may be forced into labor to pay off fabricated or inflated debts created by their traffickers, leaving them trapped in a cycle of exploitation.
- Withholding identification documents: Traffickers may confiscate and control the survivor’s identification documents, making it difficult for them to assert their rights or leave the exploitative job.
- Immigration status threats: threatening to turn someone into ICE or the police and have them deported; insinuating that the abuser has the power to get someone deported.
- Physical and psychological abuse: Survivors may endure physical violence, emotional manipulation, or other forms of abuse to maintain control and instill fear.
- Social pressure and manipulation: Using social pressure or religion to manipulate people to do work or perform other services (whether economic or non-economic in nature).
- Domestic violence: using a domestic relationship to control an individual to do work or perform other services (whether economic or non-economic in nature). Domestic violence can happen in a married relationship, to unmarried partners living together, and in other household relationships.
- Blacklisting: threatening to ruin someone’s reputation in the workplace, industry, or community.
This list is not exhaustive – Trafficking and abuse generally take many forms. If you have been the victim of abuse or crime and are uncertain about your immigration status, it is worth consulting with an attorney to see if you have any immigration options.
Getting a Waiver (Pardon) for Past Offenses
Waiver of past immigration and criminal offenses: If a person qualifies for a T visa, they can apply for a pardon (or ‘waiver’) of certain crimes and immigration violations. This can create a pathway to regaining residency and obtaining US citizenship. The most important thing is that an applicant should disclose all possible past offenses to their attorney to keep in mind while preparing the application.
An I-192 Waiver of Inadmissibility filed with the T visa application, if granted, can waive certain grounds of inadmissibility, including deportations and some drug offenses. Some immigration offenses may also be able to be waived. This can be important for a future application for Adjustment of Status (the application to obtain a “Green Card” or Lawful Permanent Residency).
However, there is usually more immigration paperwork to follow, especially if the applicant has been in immigration court. Some types of deportations (expedited removals) may be extinguished automatically; others (like the kind issued by an immigration judge) may need to be reopened or resolved so that the removal proceedings can be terminated. Sometimes a motion to reopen or terminate may be done while a case is in process; many times, removal proceedings may be resolved after the T visa is approved.
If this applies to you, please speak with an attorney about your full immigration and criminal offense background – be honest, so the attorney can advise you about your options.
Can a T Visa have a path to a Green Card/ Lawful Permanent Residency? Yes!
Usually, people with approved T visa cases may be able to file for Adjustment of Status to Lawful Permanent Residency – commonly known as a Green Card. For some T visa holders, that process may start right after the T visa is approved, in a process called “early adjustment.” For others, it may begin later on, about 3 years after the T visa is approved.
This process may also happen for the T visa holder’s family members who received their derivative T visa and are otherwise eligible to apply for Lawful Permanent Resident Status.
We find that it is important to begin planning to apply for permanent residency as soon as the T visa is approved, to take into account the time it will take to do the next steps, so that the applicant is prepared for when it is time to apply. Applying for permanent residency is a separate step from obtaining T visa status – it involves showing good moral character and that the person has not left the US for a certain amount of time.
Confidentiality and Reporting the Crime
This is a safe space
This is a safe space: We understand that military families often rely on a tight-knit community for support, even after leaving active duty. Often, that community is a source of strength. However, we can also understand wanting to keep things private, especially sensitive issues like abuse and exploitation.
Working with an attorney is a confidential process. The attorneys and legal team cannot reveal any of the information given during consultation (and as the work continues) to any other person without the applicant’s permission (beyond what must be included in the application, but T visa applications also have special confidentiality protections).
When working with an attorney, people should feel free discuss anything with complete honesty, even if they have not told the truth in immigration matters before, even if it seems “too bad” of a problem to fix. Please remember – all immigration applications must be submitted with the complete truth, and an attorney can only help fix the problem if provided truthful information.
Please read our FAQs about working with our office, especially the section on attorney-client confidentiality.
How Do We Report the Trafficking?
Reporting the trafficking: We also understand that people frequently do not report the trafficking of which they were a victim. Many people do not realize that abuse they face is a kind of trafficking. Many victims do not know where to turn to for help or are worried that the police would not believe them or be able to help. Sometimes the trafficking may never be reported because a person is too traumatized to report it.
One of the requirements to apply for a T visa is to report the trafficking crime and comply with reasonable requests for assistance from law enforcement. An attorney can work with the applicant to report in a way that fulfils legal requirements and also keeps the applicant’s best interests in mind, as the T Visa laws and procedures allow. Reporting does not always mean that the victim has to talk to the police or go to court and testify before a judge – in fact, due to limited law enforcement resources, those are very rare cases and often come about only because the victim themselves is pushing for this remedy.
According to T Visa regulations, a full law enforcement investigation is not required to apply for a T Visa – the requirement is to submit a report to law enforcement, showing that the victim is willing to cooperate with reasonable requests for assistance if law enforcement decides to investigate. Sometimes the victim may want an attorney to help them make a report that leads to arrest or prosecution of their traffickers. An attorney and legal team can listen to an applicant’s goals and concerns, and then an attorney may be able to advise on what options are available to the applicant.
The process of applying for a T Visa – working with an attorney to prepare the application and sending it to United States Customs and Immigration Service (USCIS) – is confidential. The T visa applications are confidentially reviewed and decided by USCIS. T visa applications are not decided by a court or judge.
Empowering Military Members to Overcome Challenges
We understand that the sacrifices made by our military members often come at a high cost to their mental and emotional well-being. It is understandable why a person who has served in the military may struggle with any of the following, or more. These factors can be relevant in an immigration application, so if any of these apply to you, please inform an attorney and their legal team during the consultation process.
Exposure to Traumatic Events
Military personnel often face exposure to traumatic events during their service, including combat, witnessing violence, and experiencing life-threatening situations. These events can leave lasting psychological imprints, leading to conditions such as post-traumatic stress disorder (PTSD), anxiety, depression, and survivor’s guilt.
Extended Separation from Loved Ones
Deployments and long periods away from family and friends can lead to feelings of isolation, loneliness, and emotional strain. The absence of a support system during challenging times can contribute to the development or exacerbation of mental health issues.
High-Stress Environments
The military operates in high-stress environments where individuals face immense pressure, rigorous training, and demanding responsibilities. Continuous exposure to stressors can take a toll on mental health, leading to anxiety disorders, substance abuse, and other stress-related conditions.
Adjustment to Civilian Life
Transitioning from military to civilian life can be challenging. Reintegrating into society, finding employment, and readjusting to a different lifestyle can cause stress, uncertainty, and a sense of loss. These factors may contribute to mental health challenges, including depression, anxiety, and feelings of purposelessness.
Stigma and Barriers to Seeking Help
Despite increasing awareness, stigma surrounding mental health issues persists, creating barriers for military personnel seeking help. The fear of judgment, concerns about career advancement, and the perception of weakness can prevent individuals from seeking the support and treatment they deserve.
Military service can have both positive and negative impacts on mental health. Recognizing the potential challenges and understanding the resources available is essential for supporting military personnel and veterans. By fostering a culture that encourages seeking help, raising awareness, and providing access to mental health services, we can honor their service by ensuring their well-being is a top priority.
Getting help for mental health, substance abuse, and immigration issues is important
Seeking help is a sign of strength. There are many resources available to support military personnel and veterans in maintaining their mental well-being and helping them regain their immigration status.
If you or someone you know is struggling with mental health issues related to military service, please reach out to the appropriate support channels available. We all must work together to provide the care and support needed to promote mental well-being among our brave veterans.
It is not uncommon for individuals in the military to face mental health issues, including substance abuse and related criminal convictions. If a person has lost their residency or Green Card for these or other reasons, they may feel helpless and afraid.
Sometimes the person with the problem is not the veteran – instead it is a family member, such as a parent or sibling. We encourage any undocumented person to consult with an immigration attorney for help with their immigration status.
The T visa can be a lifeline for victims of trafficking, providing the possibility of overcoming inadmissibility challenges associated with deportations and criminal convictions. Our law office provides confidential consultations and through our consultation process, we may be able to screen you so the attorney can determine what immigration options may be available to you, including a T visa, a U visa for victims of other crimes, or another remedy.
The T visa can be a lifeline for victims of trafficking, providing the possibility of overcoming inadmissibility challenges associated with deportations and criminal convictions. Our law office provides confidential consultations and through our consultation process, we may be able to screen you so the attorney can determine what immigration options may be available to you, including a T visa, a U visa for victims of other crimes, or another remedy.
Our Commitment to Your Success
We are here to listen, support, and guide you through the T visa application process, considering your military service and the challenges you have faced. Let us be your trusted ally in pursuing justice, freedom, and a new beginning.
- If you are a veteran who was deported and is living outside the US, we may be able to discuss any potential for bringing you back to the US safely in a consultation.
- If you are a veteran in the US who has lost your immigration status, or you have an undocumented family member in the US, we can look at as many immigration options as we can as part of our consultation process.
If you are working with our office, please be prepared to answer a lot of questions during our screening and consultation process, which is designed to get important information the attorney may need in thinking about your immigration options.
Please note: This information on our website is not to provide specific legal advice. You should speak with an immigration attorney about what specific options may be available to you.
Frequently Asked Questions
I lost my immigration status because of a crime or drugs. Is there any hope?
Military service puts a lot on you – and can take a lot out of you. Of course, committing a crime or getting involved with drugs can have serious negative consequences for immigrants, even if they were in the military. Anyone with immigration status other than US Citizenship can face losing that status because of criminal or drug activity.
However, we understand that it’s not as simple as that. Sometimes, trauma and lack of support or the ability to get help can lead someone to cope in negative ways, which can get them into trouble. In a case where a person has served in the military and has lost their immigration status due to a criminal history or drug abuse, we try to ask the larger questions:
- How did the drug addiction begin? Was it related to PTSD, or another diagnosis connected to the trauma sustained during military service or problems adjusting after leaving the military?
- Is the former military member a victim of labor exploitation or sexual exploitation? Sometimes after leaving the military, adjustment to life in the US is very hard, and veterans can be treated badly in the workplace. It may seem that being paid late or being yelled at during work are commonplace and acceptable, but it is not, and it may make the victim eligible for a T Visa.
- If the person was deported and has re-entered the US, has there been new victimization or exploitation?
- Have they been the victim of any other crimes that may qualify them for a U Nonimmigrant Visa for Crime victims?
- Have they received or are they willing to receive help for their problems?
- How can we help veterans who have lost their immigration status regain that status, and be placed back on a path to residency and US citizenship?
If you are a veteran who has lost your immigration status, it is worth setting up a consultation with an immigration attorney to see if there are any viable options to get you back on a stable immigration path.
Family of military – can they do T visas?
A full immigration consultation is a good option for anyone who wants to understand all their immigration options, even if they have negative criminal or immigration history, and maybe even if past applications have not been successful. Laws and policies change very often, new life circumstances (or discussing older traumatic experiences) can create new eligibility, and an attorney with specific experience in humanitarian immigration remedies may be able to bring new options to light.
Detained cases – I am in removal. Can you take my case?
Our law office does not currently handle detained removal defense, as we focus on handling non-detained immigration cases. This means if your family member is in detention or jail currently, you should consult with a law firm that handles detained defense (removal defense for people who are incarcerated or in ICE detention). We regret we do not have the capacity to handle detained matters currently. Our anti-trafficking work and non-detained casework that we are doing is geared toward helping as many people as we can.
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