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New T Visa Program
New T Visa Program
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On January 24, 2002, Attorney General John Ashcroft announced the creation of a new
visa program aimed at protecting people - particularly women and children - smuggled
into the United States to work as prostitutes, domestic workers or farm laborers. The new
"T visas," created by the Trafficking Victims Protection Act of 2000 ("the Act"), will
allow victims of those who smuggle people into this country to work to remain in the
U.S. and assist federal authorities in the investigation and prosecution of human-
trafficking rings.
Victims of severe forms of trafficking may apply for a T visa by submitting a complete
application package to the Vermont Service Center. After three years, they then could
apply for permanent residency. The victims may also include eligible family members on
their applications. Eligible family members may include the spouse, child, or parent of
the applicant.
Under the Act, the victim must provide evidence to document that he or she:
? Is a victim of a severe form of trafficking in persons;
? Is present in the United States, American Samoa, or the Commonwealth of the Northern
Mariana Islands, or at a port-of-entry thereto, on account of such trafficking;
? Has complied with any reasonable request for assistance in the investigation or prosecution of
acts of trafficking (or is not yet fifteen years old); and
? Would suffer extreme hardship involving unusual and severe harm upon removal.
The applicant must explain each of those elements of the claim in detail, and provide
evidence of each of those elements of the claim. Failure to demonstrate eligibility
credibly will result in denial of the application.
The applicant may detach the supplement to the form and submit it to a Federal law
enforcement officer familiar with the case in which he was a victim of a severe form of
trafficking in persons. After the officer has completed the form, the applicant may
submit it with his application package.
Information provided in the application package is confidential. It will be used to
determine eligibility, to investigate the fraudulent claims, to enforce penalties for false
statements, to assist in the investigation and prosecution of trafficking and related crimes,
but for no other purpose. The information provided by the applicant is subject to
verification by the Immigration and Naturalization Service (INS), however, the INS will
release the information only as necessary to the stated purposes.
By Robert B. Spiro and Murali Bashyam, Attorneys, Bashyam & Spiro, LLP,
concentrating exclusively in matters involving Immigration and Nationality Law,
(919) 833-0840.
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