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T Visa and eligibility to obtain Legal Permanent Residence
Under INA § 101(a)(15)(T), an immigrant is eligible for T nonimmigrant status where the immigrant: 1) is or has been a victim of a severe form of trafficking in persons; 2) is physically present in the United States on account of such trafficking; 3) has complied with any reasonable request for assistance in the investigation of acts of trafficking; and 4) would suffer extreme hardship involving unusual and severe harm upon removal.
An individual granted T nonimmigrant status may file for a green card if he or she has been present in the U.S. for a continuous period of at least 3 years or a continuous period during the investigation or prosecution of acts of trafficking, and the Attorney General has determined the investigation or prosecution is complete, whichever period of time is less.
Forms of Trafficking and Presence in the U.S. is on the account of Trafficking
T Visa cases are very fact sensitive and one should consider selecting an attorney who can carefully discuss all the facts and circumstances of your situation. Allow the Law Firm of Kyce Siddiqi to help you. A former (retired) Police Officer who has long worked with crime victims and has trained legal professionals on anti-trafficking abroad, Attorney Kyce Siddiqi will discuss what occurred and what, if any, elements of force, fraud or coercion were used to subject you to this situation. Let us to also carefully analyze and examine what, if any, false promises, threats, or violence caused you to remain in your trafficking situation. We will also examine why you needed to remain in the U.S. after your escape. Keep in mind that even if you entered the U.S. on your will and subsequently ended up in a trafficking situation, you may still meet this particular requirement since you must have been in the U.S. during and after the trafficking experience. However, if you left the U.S. after escaping from your trafficking situation, you may likely not satisfy this requirement.
Complied with requests for assisting in Investigating and Prosecuting Traffickers
If you were given the chance to discuss your situation with law enforcement, if you reported the matter to law enforcement, or if there is currently an investigation or prosecution in relation to your trafficking experience, allow Attorney Kyce Siddiqi to examine and go over how you cooperated with the investigation.
Undergo and suffer unusual and severe harm if removed from the U.S.
Victims of human trafficking often undergo substantial physical, emotional and mental trauma. Many victims also come from countries that lack therapy and services. These countries may also lack appropriate legal protections or are plagued by corruption, institutional violence (such as ongoing civil war) and a weak or insufficient judicial system. Many victims will undergo suffering if they are denied access to the American criminal justice system in their effort to seek restitution and justice for their forced labor. Allow Attorney Kyce Siddiqi to help you get the justice you deserve. Call today to schedule a consultation.