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Victims of Trafficking in Persons (T Visas)
The T nonimmigrant classification is reserved for victims of trafficking in
persons. This visa was created as a result of the Trafficking Victims Protection
Act of 2000, Victims of Trafficking and Violence Protection Act and expanded by
the Trafficking Victims Protection Reauthorization Act of 2003, with the
objective of halting illegal trafficking of persons across international
borders. A maximum of 5,000 T visas are authorized per year. To qualify, a
person must demonstrate that s/he has been subject to "severe trafficking" (the
use of force, fraud, or coercion for sex trafficking and/or involuntary
servitude, peonage, debt bondage, or slavery); that s/he agrees to assist in a
reasonable request by law enforcement authorities in the investigation or
prosecution of such trafficking or are less than 18 years old; and s/he would
"suffer extreme hardship involving unusual and severe harm upon removal."
A person in this status may obtain employment authorization. T status
is given for a maximum of three (3) years and is not renewable. However, a T
nonimmigrant may apply for adjustment of status within 90 days of the 3-year
anniversary of the grant of T status, provided the person has been physically
present in the United States for three (3) years in T status; s/he has
maintained good moral character throughout her status; and has complied with any
reasonable request for assistance in the investigation or prosecution of acts of
trafficking or would suffer extreme hardship involving unusual and severe harm
if removed.
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