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Pathway to Residency: Adjustment of Status for Human Trafficking Survivors

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Victims of severe forms of trafficking in persons, including human trafficking for labor or sexual exploitation, face unimaginable challenges. However, U.S. immigration law provides pathways for these victims to rebuild their lives through protections such as T visas and opportunities for permanent residency. Adjustment of status is one critical step in this process, allowing eligible individuals to transition from a temporary status to lawful permanent residency (LPR), commonly referred to as a Green Card.

Understanding the T Visa

The T visa is a temporary immigration status designed for victims of severe forms of human trafficking. It offers protection and an opportunity to remain in the United States, often allowing the applicant to work and access essential benefits. T visa holders can apply for adjustment of status to become lawful permanent residents after meeting specific criteria.

Eligibility for Adjustment of Status

To apply for adjustment of status as a T visa holder, the applicant must meet the following requirements:

  • Continuous Physical Presence: The applicant must have been physically present in the United States for at least three years since being granted T nonimmigrant status or until the completion of the investigation or prosecution of the trafficking crime.
  • Good Moral Character: The applicant must demonstrate good moral character during their stay in the United States.
  • Compliance with Law Enforcement Requests: The applicant must have complied with any reasonable requests for assistance in investigating or prosecuting the trafficking crime, unless they are under the age of 18 or are unable to cooperate due to trauma.
  • Continued Need for Presence: The applicant must show that their presence in the United States is justified on humanitarian grounds, to ensure family unity, or is otherwise in the public interest.
  • Admissibility: The applicant must not be inadmissible to the United States under certain grounds, or they must qualify for a waiver of inadmissibility.

Family Members

Family members of T visa holders may also be eligible for adjustment of status. This includes qualifying derivatives such as spouses, children, parents, and unmarried siblings of the principal applicant, provided they meet the eligibility criteria.

Benefits of Adjustment of Status

Adjustment of status provides trafficking survivors with numerous benefits:

  • Stability: Lawful permanent residency offers a path to long-term stability and security in the United States.
  • Employment Authorization: LPR status enables individuals to work legally in the U.S. without restrictions.
  • Access to Benefits: Permanent residents may qualify for federal benefits and programs, including health care and education assistance.
  • Pathway to Citizenship: After holding LPR status for five years, individuals may apply for U.S. citizenship, opening doors to greater opportunities and full participation in American society.

Challenges and Considerations

Although adjustment of status is a significant opportunity, applicants may face challenges such as gathering sufficient evidence, navigating complex legal requirements, or addressing inadmissibility issues. Working with an experienced immigration attorney can be invaluable in overcoming these hurdles and ensuring the application is properly prepared and filed.

Conclusion

Adjustment of status is a critical step for T visa holders seeking a permanent and secure future in the United States. This process not only helps survivors of trafficking rebuild their lives but also affirms the U.S. commitment to combating human trafficking and supporting its victims. If you or someone you know is eligible for adjustment of status under a T visa, seeking professional legal guidance can make all the difference in achieving a successful outcome.

Contact Information

If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.