T Visa | T Visa Lawyer NJ | Eatontown, NJ

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Victims of human trafficking are eligible for the Victims of Trafficking in Persons (T) visa under US immigration law. One of the most depraved criminal operations that take place in America is slavery, which is a form of human trafficking. Victims who assist law enforcement in an investigation may be granted temporary status in the United States for up to four years under this form of visa. 

Human trafficking victims need not fear the treatment they will receive from the government authorities. The T Visa was established to provide human trafficking victims the time they need to heal from their trauma and decide what to do next before returning to their home countries. Holders of this visa are even permitted to pursue legal work.

The process of obtaining a T visa can be bewildering. Make an appointment for a consultation with one of our experienced T Visa lawyers in NJ. Let’s go through your options today!

Why Do I Need a T Visa Lawyer in New Jersey?

When applying for a T visa, it is vital that you consult with a knowledgeable attorney because the forms and laws are difficult to understand, and mistakes or omissions might result in your application being denied by USCIS.

Starting in the summer of 2019, the U.S. Citizenship and Immigration Services (USCIS) began deportation procedures (sometimes known as “removal” or “deportation”) for some denied T visa applications. Immigration judges don’t have the power to give T visa status to people. When you’re in removal proceedings, you can be deported quickly, especially if you don’t have an attorney with experience in immigration law. Avoid deportation and your T visa getting denied, talk to a T Visa lawyer in NJ to receive legal advice on filing your application. 

What is T Visa?

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The Victims of Trafficking and Violence Protection Act, passed by Congress in October 2000, included a provision that established this nonimmigrant status, sometimes known as a T visa. Human trafficking, often known as trafficking in persons, is a modern-day slavery practice in which traffickers use force, deception, or intimidation to force individuals to perform work or services, including commercial sex.

People who don’t have legal permission to be in the country are often taken advantage of by traffickers. T visas protect victims and make it easier for law enforcement to find, investigate, and prosecute people who are being trafficked.

Your life matters. Give yourself the freedom to live the way you want and be able to work freely to enjoy your life. Contact Andres Mejer Law today! Our reliable T Visa lawyer in NJ can walk you through the nitty gritty of filing an application for a T Visa and proving you are truly, a victim of human trafficking. 

What is T Nonimmigrant Status?

T nonimmigrant status is a temporary immigration benefit that allows some victims of a severe type of human trafficking to remain in the United States for an initial term of up to four years provided they comply with any reasonable request for help from law enforcement in the identification, investigations, or conviction of human trafficking or apply for an exception or an exemption. Some family members of victims of trafficking may also be able to get T nonimmigrant status if they meet the requirements. 

T nonimmigrants can get work permits and use some federal and state services and benefits. T nonimmigrants who meet certain requirements may also be able to change their status and become legal permanent residents (Green Card).

o understand how this status works, contact our T Visa lawyer in Eatontown, NJ at Andres Mejer Law. We have the answers to your questions. Our years of experience handling T Visa issues made us credible and reliable all throughout Eatontown, Lakewood, Newark, Edison, Bridgewater, and Freehold in New Jersey.

What are the Severe Forms of Trafficking?

A “severe form of trafficking in persons,” according to federal law, is:

  • Sex Trafficking. Sex trafficking happens when someone solicits, patronizes, harbors, transports, furnishes, or acquires a person for a commercial sex act, in which the commercial sex act is induced by coercion, deception, or force, or if the person who is being compelled to do the act is under the age of 18; or
  • Labor Trafficking. Labor Trafficking is if someone recruits, harbors, transports, provides, or gets a person for work or services by using force, fraud, or coercion, with the goal of forcing them into slavery, peonage, or debt bondage.

Call our T Visa lawyer in NJ right away if you or a loved one experienced any of the aforementioned forms of trafficking. Let’s talk about your options!

What are the Severe Forms of Trafficking?

If you are a victim of a serious kind of human trafficking, you can apply for a T visa, which is a short-term visa. You The victim must assist with law enforcement in their attempts to identify and apprehend those criminals engaged in the trafficking operation before this temporary visa may be granted. However, if you are under the age of 18, you are not required to assist law enforcement in order to be given a T visa.

What Constitutes Human Trafficking for T Visa Purposes?

U.S. law bases its definition of human trafficking on the UN Protocol to Prevent, Suppress, and Punish Trafficking in Persons of 2000. The crime’s elements fall under three categories:

  • Process:  harboring, recruitment,  transferring, or transportation of a person.
  • Ways and means: abduction, abuse of power, coercion, deceit, deception, fraud, or threat.
  • Goal: debt bondage, forced labor, involuntary servitude, prostitution, pornography, violence and sexual exploitation, or slavery.

Adults who are victims of human trafficking need to prove that the crime involves at least one of the three elements listed above. Only one element is required from the Process and Goal categories for a child who is a victim of human trafficking.

An adult woman, for example, who was offered a position as a nanny as well as U.S. “working papers” if she traveled to the United States, only to have her passport taken away and be forced to care for children for a pittance, would be considered a human trafficking victim because she was recruited and brought to the United States by deceit, fraud, and abuse of power, with the objective of involuntary servitude and forced labor.

A youngster brought to the United States by a parent to take part in sexually graphic photos would also qualify because the child was brought to the United States for the purpose of child pornography.

What are the Prerequisites for Obtaining a T Visa Certification?

The following prerequisites must be satisfied before the Wage and Hour Division (WHD) will consider finishing a T visa certification:

  1. WHD has discovered a serious form of human trafficking;
  2. The activity of trafficking occurs in the context of a workplace or an employment relationship; and
  3. There is a legitimate accusation of a breach of employment-related or work-related legislation that WHD enforces.

The U.S. Citizenship and Immigration Services (USCIS) of the Department of Homeland Security make the decision on whether to approve a request for a U or T visa. Consult a T Visa lawyer in NJ for further details on U and T visas. 

In 2011, WHD started certifying U visa certifications when necessary for victims of five qualifying crimes that were discovered during worksite investigations (trafficking, involuntary servitude, obstruction of justice, peonage, as well as witness tampering). In April 2015, WHD began using its power to certify applications for victims of trafficking seeking T visas and added three new qualifying criminal offenses (fraud, extortion, forced labor, and foreign labor contracting) to its certification of U visa petitions.

How Long is the Validity of the T Visa?

The T visa has a 4-year maximum validity period, much like the U visa. The primary T visa holder is permitted to open a bank account, obtain a driver’s license, register in academic or vocational coursework, and look for a job for these four years.

The person must leave the country after this time limit has passed or risk legal repercussions. The individual may, however, contact USCIS to request an extension or change of status in extraordinary circumstances.

Above anything else, your best option is to seek legal advice from a reliable NJ T Visa Lawyer. After the 4-year maximum validity period of your T Visa, you must know your options. Only an immigration lawyer in NJ can help.

Call our New Jersey Immigration Attorney Now!

The immigration laws of the United States are exceedingly complex. It changes every day as the federal government publishes new forms, rules, and regulations or as different agencies pass new ones. Our immigration attorneys in New Jersey have the experience, expertise, and resources to get you the outcomes you want.

What are you waiting for? In many cases, patients wait until it is too late to seek medical attention. When it comes to immigration, the same holds true. Immigration issues tend to become worse, not better, with time. If you don’t get the care you need, you’re putting your family, your freedom, and everything you’ve worked so hard for at risk. There’s no time like the present to find out if you’re eligible for T Visa in the United States. Book an appointment with our T Visa lawyer in NJ today.

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“I knew that I couldn’t just go to court alone to defend myself…but Andres was there to help me. He has helped me successfully apply for a U VIsa.”

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“Nobody can help me in the past, but Attorney Andres Mejer was able to help me fix my immigration problem. He has guided me through the immigration process and has encouraged me to fight and never give up my freedom to live in the U.S.”

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