Immigration Relief To The Victims Of Human Trafficking In The US Article

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Immigration relief to the victims of human trafficking in the US

USCIS has two separate visa categories which serve to help victims of human trafficking and other crimes. It extends protection to them and allows them to stay in the US so that they can assist in the investigation and prosecution of criminals.

Author: Jessicapotter

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Human trafficking is similar to slavery and can be termed as modern-day slavery. This involves tricking of individuals into believing that they are being hired for employment wherein they are actually sold as slaves.

In the words of Wikipedia ‘Human trafficking is the illegal trade of human beings for the purposes of reproductive slavery, commercial sexual exploitation, forced labor, or a modern-day form of slavery.’ So much is being talked about this today as it is very prevalent, even though we boast of having eradicated slavery.

Human trafficking is different from smuggling people. While smuggled people endure the process voluntarily and are free to move anywhere once they reach the final destination, it is not so in case of human trafficking. People are forced to work and are held against their will. These victims are unable to escape from this situation for they will be threatened with dire circumstances.

Helping hand to the victims of human trafficking

US witnesses a lot of human trafficking cases as these crimes are prevalent across the country’s borders, especially the one with Mexico. Trafficking is not only restricted to human beings but also to drugs which lead to a series of crimes in the US. Many innocent individuals are lured by traffickers with the false hopes of helping them get a wonderful life with high paid jobs. Once they get caught in this trap, the escape route is very dangerous and at most times it is not at all available to them.

A very big consolation in this issue is that US extends its helping hand to the victims of human trafficking and other crimes like murder, manslaughter, domestic violence etc by means of providing immigration relief to them. This relief measure is carried out in two ways

• T Non-immigrant status
• U Non-immigrant status

Both these come under the non-immigrant visa category which means that the individuals will be able to remain in the US only for a temporary period of time.

T visas

This is an immigration benefit that is solely reserved for the victims of human trafficking. This enables the victims to stay in the US and assist the investigations or prosecution of human trafficking cases. This visa was the result of the passing of the Victims of Trafficking and Violence Protection Act (VTVPA) in October 2000 by the Congress.

If a person is a victim of human trafficking (as defined by the law) who is also is in the US, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry and is able to demonstrate the extreme hardship that he/ she would have to undergo in case of removal from the US, then that person can apply for a T visa.

• Should submit Form I-914, Application for T Non immigrant status
• Three passport sizes photographs should be attached
• Personal statement explaining the circumstances that made the
person a victim of human trafficking
• Proof to show that the person meets the eligibility requirements

U visas

This is for those victims who have been subjected to severe mental or physical abuse as a result of crimes. As it is for the T visa, this also allows the victims to stay in the US and lend their assistance in the prosecution of the criminals. The eligibility criteria are the same as in the case of T visa. Victims of crimes who are applying for this visa should file in Form I- 918, Petition for U Non immigrant status.

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Immigration relief to the victims of human trafficking in the US