T Visa Attorney in Durham, NC

Rebuilding the Lives of Human Trafficking Victims

If you or someone you know has been a victim of human trafficking, seeking the support and guidance of a T visa attorney in Durham, NC is a crucial step towards reclaiming control of your life and finding a new beginning. The T Visa stands as a powerful tool designed to empower survivors by offering legal status, access to important resources, and the chance to rebuild their lives free from exploitation.

At Diener Law, we understand the unique and sensitive nature of trafficking cases. Our North Carolina immigration attorneys are dedicated to providing comprehensive legal assistance to survivors, helping them navigate immigration laws, and maximizing their chances of success. We will listen to your story, assess your eligibility, and develop a personalized strategy tailored to your unique circumstances. Contact us today to schedule an initial consultation or you may use our FREE Immigration Solution Finder Tool. 

What is a T Visa?

The Victims of Trafficking and Violence Protection Act created the T-visa which is designed to provide legal immigration status to foreign nationals who have suffered physical or mental abuse due to human trafficking. It is a non-immigrant visa, but after holding T-visa status for three years, the foreign national is eligible to file for adjustment of status. A Durham NC T visa attorney can provide comprehensive assistance in helping you understand the complexities of the T visa program. 

The T Visa offers victims the opportunity to remain in the United States temporarily and access a range of benefits and services. It recognizes the unique circumstances faced by victims of human trafficking, who often experience extreme exploitation, coercion, and abuse. 

How Do I Qualify for a T Visa?

To be eligible for a T Visa, individuals must meet specific criteria established by United States law. It’s essential to consult with a T visa attorney in Durham NC to evaluate your specific circumstances and determine your eligibility for a T Visa. The following are the key eligibility requirements:

Victim of Severe Human Trafficking

The applicant must demonstrate that they are a victim of a severe form of human trafficking. The Trafficking Victims Protection Act (TVPA) defines severe forms of trafficking as situations involving sex trafficking or labor trafficking where force, fraud, or coercion is used.

Physical Presence Requirement

The applicant must be physically present in the United States, American Samoa, or the Commonwealth of the Northern Mariana Islands on account of trafficking. This means that you must have traveled to the United States because you were forced, recruited, abducted, or deceived by the perpetrator of human trafficking and would not have been present in the U.S. if it were not for the actions of that person. There is no specific duration of physical presence required, but applicants need to show that they are in the United States due to their trafficking victimization.

Cooperation with Law Enforcement

Applicants must demonstrate their willingness to cooperate with law enforcement authorities in the investigation and prosecution of trafficking cases. This cooperation requirement is crucial to combat human trafficking and bring traffickers to justice. It is important to note that victims do not need to have testified against their traffickers in court to meet this requirement.

Eligibility for Admissibility

T Visa applicants must meet the general requirements for admissibility into the United States. They should not have certain grounds of inadmissibility, such as criminal convictions, certain health conditions, or security concerns. 

Good Moral Character

T Visa applicants must demonstrate good moral character. This means they should not have engaged in serious criminal activity or have a criminal record that would render them inadmissible to the United States. However, the immigration authorities take into account the vulnerable and coerced circumstances of trafficking victims when evaluating their character.

What are the Benefits and Protections for T Visa Holders?

Victims of human trafficking who meet the eligibility requirements will be able to obtain a T visa. The benefits of a T Visa can vary depending on individual circumstances, local regulations, and the evolving nature of immigration policies. Consulting with our Durham NC T visa lawyer can help you understand the benefits of holding this type of visa.

Legal Status

T Visa holders are granted temporary legal status in the United States, which allows them to remain in the country for up to four years. During this period, they can legally live and work, supporting themselves and their families.

Pathway to Permanent Residency

After three years of continuous presence in the United States as a T Visa holder, individuals may be eligible to apply for lawful permanent resident status, commonly known as a green card. This provides them with long-term stability and the ability to live and work permanently in the United States.

Family Derivative T Visas

T Visa holders can include their qualifying family members (spouses, children, and unmarried siblings under the age of 18) in their T Visa applications as derivative T Visa holders. This allows eligible family members to accompany or join the principal T Visa holder in the United States, granting them similar benefits and protections.

Employment Authorization

T Visa holders are eligible to apply for employment authorization, commonly known as a work permit. This allows them to legally work in the United States and pursue employment opportunities.

Access to Public Benefits

T Visa holders are eligible to access certain public benefits and services aimed at assisting crime victims. These benefits can include medical care, counseling, housing assistance, job training, and other forms of social support. 

Protection from Removal (Deportation)

Once a T Visa application is approved, the recipient is protected from removal (deportation). This protection ensures that T Visa holders can remain in the United States, without the fear of being detained or deported based solely on their immigration status.

Why Do I Need a T Visa Attorney in North Carolina?

Navigating the T Visa application process on your own can be overwhelming and challenging. To ease the burden, having a Durham T visa attorney on your side can increase your chances of a successful outcome and help you secure the legal protection and benefits you deserve. Here are the reasons why it is beneficial to have a T Visa attorney:

• Knowledge about North Carolina Immigration Law: We have in-depth knowledge of immigration law and we stay up to date with the latest regulations, policies, and legal precedents.
• Personalized Legal Advice: We can assess your eligibility, review your documentation, and provide strategic advice on how to present your case effectively.
• Gathering and Presenting Evidence: We can assist in collecting supporting documentation, such as police reports, medical records, affidavits, and other forms of evidence, to strengthen your application.
• Liaison with Law Enforcement: We can serve as a liaison between you and law enforcement agencies in North Carolina to facilitate communication throughout the investigation and prosecution process.
• Application Preparation and Submission: We can handle the technical aspects of the application, ensuring that all required forms are completed accurately and submitted within the specified deadlines.

At Diener Law, our legal team can ensure that you are treated fairly and that your rights as a trafficking victim are protected. Contact us now to schedule a consultation with our North Carolina immigration attorneys to learn more about how we can help you achieve your immigration goals and objectives.

Call Our Durham NC T Visa Attorney Now!

The T Visa stands as a beacon of hope and protection for victims of human trafficking, offering them a lifeline to safety and the opportunity to rebuild their lives. This visa category acknowledges the harrowing experiences of trafficking victims and aims to empower them by granting legal status and access to essential benefits. 

However, the process of obtaining a T Visa is not as easy as it may seem, especially when dealing with the pain and trauma of being a victim of human trafficking. That’s why having the support of our Durham T visa attorneys at Diener Law is essential. Our immigration law firm understands the unique struggles and obstacles faced by trafficking survivors, and we are here to help.

We will listen to your story, assess your eligibility, and develop a strategic approach to present a compelling case on your behalf. Contact us today to schedule a consultation and let us be your trusted advocates who can guide you towards a brighter future.