Key Takeaways:
- B2 visa holders may be eligible to transfer to a T visa if they become victims of trafficking in the US.
- The process involves seeking immediate assistance, collecting evidence, filing an application, and working with law enforcement.
- Transitioning to a T visa provides legal status, work authorization, access to benefits, and a potential path to citizenship.
Understanding the Process: From B2 to T Visa
The United States provides nonimmigrant visas for tourism or business (B2 visa) and for victims of severe forms of trafficking (T visa). However, circumstances may arise where a B2 visa holder may become eligible for T visa status. Understanding the transfer process from a B2 to a T visa is crucial for individuals who experience such a life-altering shift.
Eligibility: When Can You Transition?
Before diving into the process, it’s essential to know who might be eligible for such a change. A B2 visa holder can apply for a T visa if they fall victim to human trafficking while in the U.S. This includes trafficking for labor, servitude, or sex, perpetrated by force, fraud, or coercion.
Steps to Transfer Your Visa Status
Step 1: Immediate Assistance
If you’re a victim of trafficking, your first step should always be to seek immediate help. Contact law enforcement or the National Human Trafficking Hotline. Your safety and health are the top priority.
Step 2: Collecting Evidence
As you prepare to apply for a T visa, you’ll need evidence that you have been a victim of trafficking. This can include police reports, statements from witnesses, or documentation from healthcare providers.
Step 3: Filing the Application
The application for the T visa, Form I-914, “Application for T Nonimmigrant Status,” must be completed diligently. This form asks for personal details about the trafficking experience and the impact it has had on your life.
Step 4: Working with Law Enforcement
Cooperation with law enforcement agencies investigating the trafficking is necessary. You’ll need a Declaration of Law Enforcement Officer for Victim of Trafficking in Persons, Form I-914B, to certify your willingness to assist in the investigation or prosecution of the acts of trafficking.
Step 5: USCIS Review and Decision
The United States Citizenship and Immigration Services (USCIS) will review your T visa application. If approved, you will be allowed to legally stay in the United States for up to four years, with the possibility of extensions under certain circumstances.
Step 6: Applying for Adjustment of Status
Should you wish to become a permanent resident, you can apply for a green card (Adjustment of Status) after three years of being granted T nonimmigrant status or upon completion of the investigation or prosecution, whichever occurs earlier.
Advantages of Transitioning to a T Visa
Transitioning from a B2 to T visa comes with significant benefits:
- Legal Status: T visa recipients are legally recognized and are authorized to live and work in the U.S.
- Work Authorization: You can apply for Employment Authorization Documents (EAD) which allows you to work legally in the country.
- Access to Benefits: You may have access to federal and state benefits and services that are not available to B2 visa holders.
- Path to Citizenship: The T visa offers a potential path to permanent residency and eventually U.S. citizenship.
Disadvantages of the Transfer
However, the process is not without its challenges:
- Complex Process: Navigating the transfer process can be complicated and emotionally taxing, often requiring legal assistance.
- Limited Number of Visas: There is an annual cap on T visas, which means that not all applicants will be granted the visa immediately.
- “Traumatic Experience: The prerequisite of being a victim of trafficking is, in itself, a severe ordeal, and reliving it through the application process can be difficult.
Conclusion
Transitioning from a B2 to T visa is a pathway from being a visitor in the United States to obtaining legal status as a victim of trafficking. It provides an opportunity for healing, stability, and a future in the U.S. For anyone considering this transition, it’s advisable to seek the guidance of immigration professionals and obtain psychological support during this trying time.
For more information and guidance on the B2 to T Visa transition, you can visit the official USCIS website (https://www.uscis.gov) or consult with qualified legal professionals who specialize in immigration law. Remember, you are not alone, and there are resources available to assist you through every step of the transfer process.
Still Got Questions? Read Below to Know More:
What if I’m on a B2 visa and suspect someone at my workplace is being trafficked; can I report it without risking my visa status
If you are on a B2 visa and you suspect human trafficking at your workplace, it is important to know that you can report this crime without risking your visa status. The U.S. government encourages individuals to report any suspected incidents of human trafficking. According to the U.S. Immigration and Customs Enforcement (ICE), “Anyone, regardless of immigration status, who has information about human trafficking, is encouraged to call the Homeland Security Investigations (HSI) Tip Line.”
When reporting suspected human trafficking, you can provide information anonymously and confidentially. Here’s what you can do:
- Call the National Human Trafficking Hotline at 1-888-373-7888. This hotline is available 24/7, is confidential, and your call can be anonymous.
- Text “HELP” or “INFO” to 233733 (BeFree), which is the Human Trafficking Hotline’s texting service.
- Report the incident online to the ICE by submitting a tip form on their official website: https://www.ice.gov/tipline.
Furthermore, “Victim protection is a key component of the investigations conducted by ICE.” According to their policy, they ensure that victims and their families are safeguarded and supported throughout the investigation process.
Lastly, if you or the person(s) being trafficked are in immediate danger, please call 911 immediately. The priority is the safety and well-being of individuals who may be at risk, and U.S. law enforcement agencies are equipped to provide the necessary help and protection without negatively affecting your visa status as a reporter of such serious suspicions. You can find more information on how to report and get help with a human trafficking situation on the Department of Homeland Security’s Blue Campaign page: https://www.dhs.gov/blue-campaign.
Can my family members also get protection if I switch from a B2 to a T visa due to trafficking
Absolutely, if you are eligible to change your status from a B2 (visitor) visa to a T visa because you have been a victim of human trafficking, certain family members may also be eligible for protection and may apply for what is known as “derivative” T visas. Here’s how it works:
- Eligible Family Members: Depending on your age and situation, different family members could be eligible:
- If you are under 21 years old, your spouse, children, parents, and unmarried siblings under 18 years old may be protected.
- If you are 21 years or older, your spouse and children may be eligible for derivative T visas.
- Application Process for Family Members: To begin the process, you (the primary T visa applicant) need to petition on behalf of your eligible family members. This involves filing a Form I-914, Supplement A, for each family member, which is an “Application for Immediate Family Member of T-1 Recipient.”
Conditions for Approval: The approval for your family members’ T visas depends on several factors. They must not have engaged in the trafficking themselves, and your family members must pass background checks and meet other requirements as outlined by U.S. Citizenship and Immigration Services.
Here’s a direct quote from the USCIS policy guide which states:
“Family members who accompany or follow to join the principal T-1 nonimmigrant may also be eligible for T nonimmigrant status as derivative beneficiaries.”
For more detailed information, visit the official U.S. Citizenship and Immigration Services page for T nonimmigrant status USCIS – Victims of Human Trafficking: T Nonimmigrant Status.
Remember, it’s important to consult with an immigration attorney or accredited representative who can give specific advice to your situation and help with the process of applying for T visas for yourself and your family.
If I entered the U.S. with a B2 visa and got trafficked, can I apply for a T visa from within the country or do I have to go back home first
Yes, if you entered the U.S. with a B2 (tourist) visa and became a victim of trafficking, you can apply for a T visa from within the United States. You do not need to return to your home country first to apply. The T visa is specifically designed for individuals who have been victims of human trafficking and are present in the U.S. due to trafficking. Here are the basic requirements you’ll need to meet:
- You must be a victim of a severe form of trafficking in persons, which includes sex trafficking and labor trafficking.
- You must be present in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry due to trafficking.
- You must comply with any reasonable request from law enforcement for assistance in the investigation or prosecution of human trafficking (unless you are under the age of 18 or unable to cooperate due to physical or psychological trauma).
- You must demonstrate that you would suffer extreme hardship involving unusual and severe harm if you were removed from the United States.
The U.S. Citizenship and Immigration Services (USCIS) states:
“You may apply for a T visa without leaving the United States.”
For more in-depth information and the application process, visit the U.S. Citizenship and Immigration Services T Visa page.
Remember it’s important to report the crime to law enforcement as soon as it is safe for you to do so, as their cooperation and certification can be crucial for your T visa application. Also, consider seeking support from organizations that help trafficking victims, as they can often assist with legal advice and the application process.
How do I renew my work permit if I’ve been granted a T visa but my case against traffickers is still ongoing
To renew your work permit (Employment Authorization Document or EAD) after receiving a T visa while your case against traffickers is ongoing, follow these steps:
- File Form I-765:
- Obtain and complete Form I-765, which is the Application for Employment Authorization. You can download the form from the U.S. Citizenship and Immigration Services (USCIS) website here.
- Indicate that you are applying under category (a)(16) which corresponds to T visa holders.
- Ensure all sections are filled out accurately and provide the necessary evidence to show your continued eligibility.
- Submit Supporting Evidence:
- Attach proof of your T visa status, such as a copy of your T visa approval notice from USCIS.
- Include two passport-style photographs.
- If required, provide any additional documents that prove your case against the traffickers is still ongoing, and that your continued presence in the United States is necessary.
- File Before Your Current EAD Expires:
- It’s important to file for your work permit renewal well before your current EAD expires to avoid any lapse in employment authorization.
- According to USCIS guidelines, you may submit your renewal request up to 180 days before your current EAD expires.
USCIS provides a detailed guide on how to file for an EAD which can be found here. It’s crucial to follow all the instructions and submit the proper documentation to minimize the risk of delays or denials.
“Form I-765, along with the proper fee (if required), photographs, and documentation must be filed with the USCIS Service Center that serves your area.”
For the most current information and to ensure you are following the latest guidelines, always double-check the USCIS official website or consult with an immigration attorney. If you have questions, you can also contact the USCIS Contact Center for assistance. Keep in mind that processing times can vary, so it’s wise to start the renewal process early.
I’m on a B2 visa; what kind of support can I expect if I can’t afford a lawyer for a T visa application after being trafficked
If you’re in the United States on a B2 visa and have been a victim of trafficking, there is support available to help you apply for a T visa, especially if you cannot afford a lawyer. Here are the kinds of assistance you can expect:
- Legal Aid Organizations: Many non-profit organizations offer free or low-cost legal services to victims of trafficking. They can help you with your T visa application. To find a legal aid provider, you can visit the U.S. Department of Justice’s Office for Victims of Crime (OVC) at OVC’s Directory of Crime Victim Services.
Pro Bono Attorneys: Some attorneys offer pro bono (free) services to trafficking victims. You can search for these attorneys through local bar associations, and immigration advocacy groups or use the American Immigration Lawyers Association’s (AILA) Immigration Lawyer Search located here: AILA’s Immigration Lawyer Search.
Government Resources: The U.S. Citizenship and Immigration Services (USCIS) provides resources for victims including information on eligibility, the application process, and what to include in your application. You can get accurate and detailed guidance on applying for a T visa on the USCIS website at USCIS’s Humanitarian page.
“Victims of human trafficking play a key role in law enforcement’s efforts to investigate and prosecute those responsible for trafficking,” and the T visa is a tool designed to offer protection to victims and strengthen law enforcement to combat trafficking. All of these resources aim to empower victims and ensure you have access to the legal support you need to submit a T visa application. It’s important to reach out as soon as possible for the help you need, so you can stay on the path to recovery and legal residency.
Learn today
Glossary or Definitions:
- B2 Visa: A nonimmigrant visa issued by the United States for individuals traveling to the country for tourism or business purposes.
T Visa: A nonimmigrant visa granted to victims of severe forms of human trafficking, such as labor, servitude, or sex trafficking, who are present in the United States and have complied with law enforcement.
Transfer Process: The process of transitioning from one visa status to another, in this case, transitioning from a B2 visa to a T visa.
Eligibility: The criteria that must be met in order to qualify for a particular visa. In this context, it refers to the conditions under which a B2 visa holder can apply for a T visa.
Human Trafficking: The illegal and exploitative practice of forcing individuals into labor, servitude, or the sex trade through coercion, fraud, or force.
Immediate Assistance: The first step to take as a trafficking victim is to seek immediate help by contacting law enforcement or the National Human Trafficking Hotline.
Evidence: Documentation or information that supports a claim or assertion. In this case, evidence refers to the documentation that demonstrates an individual’s victimization by trafficking, such as police reports, witness statements, or medical records.
Form I-914: The official application form titled “Application for T Nonimmigrant Status” that needs to be completed by B2 visa holders seeking to apply for a T visa.
Declaration of Law Enforcement Officer for Victim of Trafficking in Persons (Form I-914B): A form required in the T visa application process that certifies the applicant’s willingness to cooperate with law enforcement agencies in the investigation or prosecution of human trafficking.
USCIS: Acronym for the United States Citizenship and Immigration Services, the government agency responsible for processing immigration applications and requests.
Adjustment of Status: The process of changing an individual’s immigration status from a nonimmigrant visa to an immigrant visa, such as applying for a green card to become a permanent resident.
Green Card: An identification card issued by the US government to lawful permanent residents, granting them permission to live and work permanently in the United States.
Employment Authorization Document (EAD): A document that authorizes non-US citizens to work legally in the United States.
Annual Cap: The maximum number of visas that can be issued in a fiscal year. In this context, it refers to the limit on the number of T visas that can be granted each year.
Psychological Support: Assistance or counseling provided to individuals who have experienced trauma or emotionally taxing situations, such as victims of trafficking, to help them cope and heal.
Immigration Professionals: Qualified individuals, such as attorneys or consultants, who specialize in immigration law and can provide guidance and assistance throughout the visa application process.
USCIS Website: The official website of the United States Citizenship and Immigration Services, which provides information, forms, and resources related to immigration matters.
Qualified Legal Professionals: Professionals who have the necessary legal expertise and experience to provide legal advice and representation in immigration law matters.
Reliving: Experiencing again or recalling past traumatic events, in this context specifically referring to the emotional challenges victims may face when recounting their trafficking experiences during the visa application process.
Resources: Information, support, and assistance available to individuals in need, such as organizations, helplines, or government agencies, that provide services related to human trafficking and immigration.
So there you have it – a breakdown of the process from B2 to T Visa. It may seem overwhelming, but with the right guidance and support, you can navigate this path successfully. Remember, if you’re considering this transition, don’t hesitate to reach out to immigration professionals or visit visaverge.com for more information. We’re here to help you every step of the way!
