T-visa Versus U-visa Type for Victims of Human Trafficking

T-visa Versus U-visa Type for Victims of Human Trafficking
May 02 07:27 2019 Print This Article

T and U visas were designed to encourage immigrants, who were victims of serious crimes to collaborate with officials of law enforcement without any concern about losing their immigrant status. Both U and T visas qualify for human trafficking crimes but the wrongdoings included are different.

Which kind of visa must a victim apply for?

For Visa T or U application consult experienced immigration lawyer because different kinds of evidences are needed to be given to the USCIS to get an approval.

According to the US laws, human trafficking is defined under the 2000 UN protocol for prevention, suppression, and punishing trafficking activities in person.

Categories of crime elements

  1. Process – Recruiting, transportation, or receiving a person
  2. Means & ways – Coercion, threats, fraud, abduction, abuse of power or deceit
  3. Purpose – Pornography, prostitution, forced labor, slavery, sexual exploitation

Adult victims must prove that the crime involved one element from each of three categories. Child victim has to reveal one element from the process & purpose categories.

T-visa applicants need to qualify that they were present on the US turf because of human trafficking. It differs from U-visa applicant, who is a subject of human trafficking while they visited the US for a holiday or other purpose.

Specific T-visa applicants are exempted from collaborates with law enforcement including minor or victim undergoing physical or emotional traumatic condition. Unlike U-visa, the T-visa applicants will not need any ‘Helpfulness certification’ from qualifying agency but are encouraged strongly to get declaration from law enforcement officer. This is key evidence that declare they are human trafficking crime victims.

U-visa applicants need to reveal substantial abuse due to qualifying criminal activity. On the other hand, T-visa applicants have to reveal extreme hardship, if they get deported forcefully from the US. For this the applicant needs to establish –

  • Medical needs
  • Home country government’s inability to protect applicant from additional harm
  • She/he can be stigmatized in their home country due to victimization of human trafficking

The similarities between T and U visa are that both provide principal applicant an ability to file derivative visas for qualifying members. They can adjust their status to PR in the US.

  Categories:
view more articles

About Article Author