Is it possible to obtain permanent residency by T Visa?

In the United States, there is a type of temporary visa that is granted to victims of human trafficking known as the T Visa. A beneficiary of this type of visa, who is in the United States, may be granted a T-visa, to be able to obtain permanent residency. This type of visa, can provide significant relief for their hopes for a better future.

At Jaskot Law, we understand the importance of obtaining permanent residency in the United States, and how this can be achieved. This kind of visa can positively affect the life of those immigrants seeking for new opportunities in the United States. For this reason, we provide personalized attention to each of our clients to facilitate the successful resolution of their particular case.

What is the T Visa and what does it consist of?

The T Visa is a temporary immigration relief available to victims of human trafficking who cooperate with authorities in the investigation and prosecution of offenders. The T Visa provides stability and support while immigrants recover from the situation they have experienced, and allows them to remain in the United States legally for a period of time.

It is important to note that the T Visa also provides beneficiaries with the possibility of applying for permanent residency in the future, if they meet certain requirements set forth by U.S. Immigration Law. For those who have been victims of human trafficking, the T Visa can be an invaluable tool to rebuild their lives in a safe and secure environment.

T Visa Benefits

The T Visa offers certain benefits to its holders, such as providing victims with the opportunity to remain legally in the United States, access social services, and receive emotional support while cooperating with authorities to bring perpetrators to justice.

In addition, holders of a T visa will be able to receive a work permit to start rebuilding their lives and have the necessary means to support themselves, as well as to obtain protection against deportation, and make a status adjustment to apply for a Green Card in the future.

Understanding the T Visa in depth

The T Visa is a legal pathway offered by the U.S. immigration system to protect and help people who have suffered serious abuse or have been victims of human trafficking. In order to apply, it is necessary to meet certain requirements and present all relevant supporting documentation.

In this process, it is essential to have the advice of an immigration lawyer, as to ensure that the documents are submitted correctly and to make sure that all the necessary requirements are met in order to successfully obtain the T Visa.

How to apply for the T Visa?

It is important to keep in mind that the application process for a T Visa can be complex and requires the applicant to comply with all the requirements established by the immigration authorities in order to be allowed to remain in the United States for a period of no more than 4 years. This benefit requires documentary evidence and having suffered one of the following types of trafficking:

• Sexual. If a person was recruited, held, harbored, or transported for the purpose of commercial sex against their will when they were under the age of 18, they may apply for a T Visa.

• Labor. If a person was recruited for involuntary labor, which includes slavery, peonage, among others, he or she may apply for a T Visa.

Requirements to obtain a T Visa

The application for a T Visa must be filed with the U.S. Citizenship and Immigration Services (USCIS) and the following requirements must be met to be eligible.

• Form I-914, Application for T Non-immigrant Status.
• Documents proving eligibility to obtain a T Visa.
• A statement narrating the applicant’s personal experience. This statement should detail how you became a victim of human trafficking.
• Documentary evidence of completed applications for assistance, and submit Supplement B to Form I-914.
• Police reports, court documents, newspaper articles, or any other document that may serve as evidence in the event that Supplement B is not submitted.

Documentation required to apply for the T Visa

In addition to the documents mentioned in the previous section, a T Visa applicant must submit the following additional documentation:

• Three (3) photographs that meet the visa requirements.
• Both Supplements (A and B) to Form I-914, only if required.
• Form DS-160, Online Visa Application.
• Form I-192, Application for Advance Nonimmigrant Entry Permit, only if required.

What happens after I get the T Visa?

Once a T Visa has been obtained, it is important to meet certain requirements to maintain legal status in the United States. It is essential to cooperate with the authorities in the investigation of the crimes for which the visa was granted, and to maintain an updated address record with Immigration and Customs Enforcement (ICE).

In addition, T Visa holders may have the ability to extending immigration status granted after 4 years, or applying for permanent residence after 3 years in the U.S. on a T-Visa, or when the investigation of the acts of trafficking in persons has been completed.

Can I apply for a Green Card after a T Visa?

The T Visa is granted to victims of human trafficking and their families, with the objective of providing them with protection and support. After obtaining a T Visa, it is possible to apply for permanent residency, or Green Card in the United States. If the beneficiary meets the requirements and has collaborated with the authorities in the investigation and prosecution of criminals, it will be possible to initiate the process to obtain this benefit.

Requirements to be met

In order to apply for, and consequently obtain permanent residency in the United States, it is crucial to meet the following requirements:

• The applicant must have been lawfully admitted to the United States through the T Visa.
• Have maintained T-1 status at the time of applying for permanent residence.
• Have maintained physical presence in the United States for at least 3 years continuously.
• Have demonstrated good moral character throughout their stay in the United States.
• Cooperate with authorities in the investigation and prosecution of trafficking crimes, or have been under 18 years of age at the time of the trafficking, or prove that removal from the United States would cause severe harm.

T Visa for relatives, application for eligible family members

Certain eligible family members of a T-Visa beneficiary may apply for permanent residence in the United States if they meet the following conditions:

• Whether the principal applicant’s Form I-485 is pending, or has been approved.
• Has been admitted to the United States under T-2, T-3, T-4, or T-5 status, and continues to hold such status at the time of application.
• Has been granted an immigration waiver by the U.S. Citizenship and Immigration Services, or is admissible to enter the United States as a lawful permanent resident.
• Whether you meet the eligibility requirements to apply for lawful permanent residence.

T Visa and international travel processing time

Each T Visa case is different, so it is difficult to stipulate how long the process will take. However, the average processing time for this visa is 17 to 36 months. The completion time may also vary if USCIS requests additional documentation during the process.

With respect to travel abroad as a T-Visa beneficiary, we recommend that you consult with an experienced immigration attorney. At Jaskot LawWe believe that this can be a complex process, and that problems may arise along the way when traveling out of the country, such as unable to re-enter without first applying for it at a consulate, face the denial of permanent residence, T Visa revocation, or become inadmissible in the country.

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