Do you live in the Bay Area or Contra Costa County and want to apply for a T-visa? I will help you explore every option possible. In 2000, Congress enacted the Victims of Trafficking and Violence Protection Act of 2000 (VTVPA). Under this act, victims of human trafficking may remain in the United States to cooperate with law enforcement officials who prosecute perpetrators of human trafficking.
Those who have been trafficked and who cooperate with law enforcement officials are able to apply for a T-Visa.A T-Visa is a temporary, 4-year visa which leads to permanent residence (green card) and ultimately citizenship. The “T” visa is different than the “U” visa. Please see our page on the “U” visa for more information.
My Contra Costa County practice aids victims of human trafficking. If you or someone you know needs immediate help please contact my Concord office. I represent victims throughout Concord, Antioch, the Bay Area and more. Call (415) 527-5886 to speak with me about your T-Visa options. Additionally, if you feel immediately threatened or fear for your life, call the police or reference the Contra Costa County Human Trafficking Resource guide, found here.
What is human trafficking?
Human trafficking is a form of modern-day slavery. Human traffickers typically lure or trick someone with false pretenses of employment. For purposes of the T-Visa, a victim must have (1) been recruited, transported or hidden (2) by means of threat, coercion, fraud, deception or abduction and (3) with the purpose of prostitution, sexual exploitation, forced labor or involuntary servitude.
In 2015, of the 19,672 human trafficking help calls coming from a known state, 18% originated from California (2015 NHTRC annual report). This is far more than any other state. 273 victims were identified in Contra Costa County alone between the years 2014 and 2016. Thankfully, more and more perpetrators are brought to justice throughout California under charges of human trafficking.
Do I qualify for a T-Visa?
To be eligible for a T-Visa, you must be a victim of human trafficking as described above and you must be physically present in the United States as a result of human trafficking. Meaning, the reason you are in the United States is because you were lured, recruited, abducted or forced here under false promises of employment or a better life and you would not otherwise be in the United States.
Further, to be eligible for a T-Visa, you must comply with any reasonable request from law enforcement officials or agencies seeking assistance in the investigation or prosecution of your human trafficker. Exceptions apply to this requirement if you are under the age of 18 or if you cannot cooperate with law enforcement officials because of psychological or physical trauma.
Lastly, you must demonstrate that you would suffer “extreme hardship involving unusual and extreme harm” if you were unable to remain in the United States.
Examples of this hardship might include:
Medical needs that cannot be met in your country of origin. These medical needs can be but do not need to be a result of the trafficking. The government in your country of origin cannot protect you from further harm or trafficking and/or will not prosecute human traffickers. Stigmatization upon return to your country of origin. For example, if you were forced into sexual labor and will be stigmatized or persecuted as a result upon your return.
What if I am inadmissible for T-Visa?
If you are inadmissible (see our page on inadmissibility and extreme hardship for more information), you may easily apply for a waiver with your T-Visa application. It is important to discuss inadmissibility issues and waivers with an attorney.
What about my family?
Principal T-Visa applicants may also apply to include their spouse and children under the age of 21, or if you are under the age of 21 you may apply to include your spouse, children, parents and unmarried siblings under age 18.
Your Bay Area and Concord T-Visa Lawyer
Hundreds of human trafficking cases originate in California. My Concord immigration practice in Contra Costa County will help bring relief to victims. If you would like to speak about your T-visa options do not hesitate to call (415) 527-5886 today.