General Tips for T Visas for Victims of Severe Form of Trafficking in Persons

• NCJ Number: 251837
• Date Published: April 2018
• Length: 6 pages
• Grant Number(s): 2015-VT-BX-K029
• Agencies: OVC-Sponsored
• Publication Type: Report (Technical Assistance); Report (Grant Sponsored); Legislation/Policy Analysis; Instructional Material
• Award: Comprehensive Training and Technical Assistance project (CTTA) to strengthen legal service provider and pro bono attorney capacity to serve all forms of human trafficking.

Annotation

Intended for practitioners who have experience with humanitarian immigration visas, this practice advisory presents general information on the U.S. federal definition of human trafficking and T Visa eligibility.

Abstract

Trafficking survivors often become involved in multiple legal systems, including criminal justice, civil, family law, and immigration. It is important to be informed on how the immigration application might impact other future cases, particularly regarding a client's credibility in all these systems. Legal counsel should be aware of what is being included in the immigration applications, which may be subpoenaed and obtained by opposing counsel to impeach the client and attack her/his credibility. T Visas require a nuanced legal analysis of the crime itself. In T Visa cases, a law enforcement certification verifying that the applicant is a trafficking victim is not required, so it is important to write a clear and effective cover letter and declaration that proves the client is a victim of a severe form of trafficking in persons and is T Visa eligible. Other major sections of this practice advisory address the federal definition of human trafficking, T Visa eligibility, cover-letter best practices, request for additional evidence cover letter compared to initial cover letters, avoiding credibility issues, and common mistakes.