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I want help on an issue involving human trafficking.

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I want help on an issue involving human trafficking.

This toolkit is designed to help you understand what you can do when dealing with human trafficking issues—and what help is available. This toolkit was written by American Gateways (and contains information from other organizations too). 

If you need general information about human trafficking, please read the Articles section and look through the Frequently Asked Questions. 

If you are not in a safe situation, read human trafficking safety planning by Polaris

If you would like to see if you qualify for free help please see our Find Legal Help directory. 

WARNING: The information and forms in this toolkit are not a substitute for the advice and help of a lawyer.  It’s a good idea to talk with a lawyer about your particular situation

Checklists
Frequently Asked Questions
What is human trafficking?

Sometimes referred to as modern-day slavery, human trafficking is the illegal movement of people, normally for the purpose of forced labor or commercial sex exploitation, by means of force, fraud, or coercion.

Who is most vulnerable to human trafficking, or more likely to be a human trafficking victim?

The most targeted populations for trafficking are homeless and runaway youths. This includes immigrants smuggled into the U.S., or currently residing in the U.S., who are vulnerable to exploitation due to their undocumented status. Some survivors of human trafficking in the U.S. may be eligible for a type of humanitarian relief called a “T visa” if they meet certain requirements.

Is a T Visa the same as a U Visa?

No. A T Visa is a form of immigration relief specifically for people who have been victims of any kind of human trafficking. A U Visa is a similar form of immigration relief. But a U Visa is for people who have been victims of a qualifying crime within the U.S.; have cooperated with law enforcement agencies in the investigation/prosecution of that crime; and have been certified by law enforcement of same.

Who is eligible for a T Visa?

A person who meets each of the following general requirements may be eligible for a T visa upon application to U.S. Citizenship and Immigration Services:

  1. Survivor of “severe trafficking” (use of force, fraud, or coercion for sex  trafficking and/or involuntary servitude, peonage, debt bondage, or slavery); and
  2. Who is physically present in the U.S. on account of trafficking; and
  3. Who has complied with any reasonable request by federal, state, or local law enforcement to assist in the investigation or prosecution of such trafficking; and
  4. Who would “suffer extreme hardship involving severe and unusual harm upon removal.”

Talk to an experienced immigration attorney about whether your experience meets these requirements. Specific factors—such as the age of the victim, location of the trafficking experience, level of trauma, and evidence available—affect how these requirements must be met by each applicant.

What does “force, fraud or coercion” mean for purposes of getting a T visa?

The elements of force, fraud, or coercion are found in situations where a person is not free to leave a situation, or is forced to act in a particularly harmful manner which the person would not normally choose. Persons who act based on threats of physical violence to themselves, their families, or others; threats of reporting to police or immigration; lies; and other such actions may be considered to be acting under threats of force, fraud, or coercion.

What does “extreme hardship" mean? Why is it important?

The United States upholds a humanitarian standard when weighing an immigrant’s reasons for fleeing her country for the U.S. The U.S. generally will not return a person to their home country or another country if doing so will bring immediate harm, torture, or death upon the person.

The government will consider factors such as:

  1. Serious physical or mental illness of the applicant that necessitates medical or psychological attention not reasonably available in the foreign country;
  2. The nature and extent of the physical and psychological consequences of severe forms of trafficking; and
  3. The likelihood that the trafficker or another acting on behalf of the trafficker in a foreign country to which the applicant may be removed would severely harm the Applicant.  

Additionally, if a person came to the U.S. escaping any form of persecution that could otherwise qualify the applicant for asylum, the applicant needs only cite the past harm to show extreme hardship.

Timeline for getting a T-Visa

Typical timeline for getting a T Visa:

  1. Report trafficking experience to LEA (Law Enforcement Agency)
  2. Gather evidence 
  3. Application 
  4. Decision

The USCIS estimates that the processing time for adjudication of a T visa is approximately 68 months.

This time is separate from the time that it may take to report the trafficking experience, gather evidence, and prepare the application.

Talk to an experienced immigration attorney who understands this process in order to move the application along faster.

What citizens can do to combat Human Trafficking - Video by the Office of the Attorney General of Texas.