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Identification and Legal Advocacy for Trafficking Victims, 2nd Edition--March 2005

NCJ Number
Suzanne Seltzer; Christa Stewart; Juhu Thukral; Suzanne Tomatore
Date Published
March 2005
45 pages
This manual describes the Trafficking Victims Protection Act (TVPA) of 2000 and offers advice on how to determine trafficking victimization and how to prepare the T nonimmigrant visa application package.
The T visa was established by the TVPA to provide immigration relief to foreign nationals trafficked into the United States. The T visa grants trafficking victims permission to remain in the United States and to obtain employment authorization for 3 years. The first part of this manual describes the TVPA of 2000 and the 2003 Reauthorization (TVPRA) and offers advice on how to determine whether the T visa is appropriate for a client. The initial considerations when evaluating a case are outlined and include the client’s immigration status, liability for criminal behavior, attorney-client privilege, and differences between being “smuggled in” versus being “trafficked in” to the country. Advice is presented on how to determine whether a client is a victim of trafficking, which involves the establishment of “severe hardship involving unusual and serve harm.” Special considerations, such as representing children and derivative family members, are discussed. The second part of the manual presents advice for preparing the T nonimmigrant visa application package, which includes a filing fee, a biometric fee, three passport photographs of the applicant, an executed Form I-914, an executed Form G-28, an executed Form I-192 waiver of inadmissibility, evidence supporting the claim such as a personal statement, a supporting letter, and country conditions reports and any other evidence supporting the claim. Instructions are offered for completing the various required forms and for preparing the supporting documentation, including how to prepare the cover letter and assemble the application. A legal assessment form is included in the manual.