Updates to the Policy Manual Guidance for the T Visa: For Victims of Human Trafficking

T visas are meant for individuals who survived human trafficking. Recently, a major update to the T visa application has gone into effect, and according to professionals monitoring and trying to prevent human trafficking, the changes are showing to have a positive impact. Still, the changes are not without criticisms.

For individuals who have survived human trafficking and can also meet certain criteria, the T visa could be a way to obtain citizenship in the United States. Specifically, victims of human trafficking who have gone through the most severe forms of trafficking, such as sex or labor trafficking, would generally be eligible. The T-visa allows survivors to stay in the United States for up to four years. However, obtaining the T visa is not easy, and individuals who desire to obtain this visa used to have to go through a demanding process. Now, updates to the Policy Manual Guidance for the T-Visa may have lessened the rigor of that process, and so securing a T visa may be easier.

Suppose you have questions about what pathways are the most fitting for your journey to U.S. citizenship. In that case, you are welcome to reach out to an Atlanta nonimmigrant visa attorney at Shirazi Immigration Law, Inc.

Adjustments to the Policy Manual Guidance for the T-Visa 

Previously, under the old rules, when a person was applying for a T visa, they didn’t have legal status in the United States. As a result, they were unable to obtain gainful employment as they were waiting on approval. Now, the changes to the Policy Manual Guidance say that while the T visa application is being reviewed, individual applicants can get their work permit through deferred action. This would allow these applicants to work and earn an income while they wait on the status of their application.

There is a yearly cap of 5,000 T visas, but another new change to the rules is that an applicant who does not obtain their visa due to the cap being met can be put on a waiting list and be approved for the following year.

Another change is the reporting requirements. Calling the National Human Trafficking Hotline can show that victims of human trafficking reported to law enforcement. They can also show physical presence regardless of how long they have been trafficked as long as trafficking has brought them into the country, American Samoa, or the Commonwealth of the Northern Mariana Islands.

Some have concerns, though, for individuals who were victimized by human trafficking, even being able to have the courage to step up and take advantage of the changes to the laws. First, it could be very difficult for victims, especially foreign nationals, to be exposed to and participate in law enforcement. This could adversely impact their well-being.

Second, the recommendation is that Immigration and Customs Enforcement (I.C.E.) refrain from deporting victims of human trafficking who come forward to obtain a T visa. Despite this, deportation is not technically prohibited, which makes these individuals more cautious and hesitant about starting the T visa application process.

Speak with an Atlanta Non-Immigrant Attorney Today 

For a consultation to discuss your needs and case, please call Shirazi Immigration Law, Inc. today at 404-523-3611. One of our Atlanta, GA, immigration lawyers is here for you and ready to help.

Source:

uscis.gov/newsroom/alerts/uscis-updates-policy-manual-guidance-for-t-visa