Visas are issued pursuant to INA §§101(a)(15)(T), 212(d)(13), 214(o), 245(l), 8 U.S.C. §§1101(a)(15)(T), 1182(d)(13), 1184(o), 1255(l).
The law provides 5000 visas per year for persons: (i) who have been subject to "severe trafficking" as defined in 22 U.S.C. §7102 (the use of force, fraud, or coercion for sex trafficking and/or involuntary servitude, peonage, debt bondage, or slavery); (ii) who are physically present in the U.S. (iii) who the Secy. of DHS in consultation with the AG agree have complied with a reasonable request by federal, state or local law enforcement agency (LEA) to assist in the investigation or prosecution of such trafficking or in the investigation of crimes where acts of trafficking are at least one central reason for the crime; or who is unable to cooperate in the investigation or prosecution due to a physical or psychological trauma; or who is under 18; and (iv) who would "suffer extreme hardship involving unusual and severe harm upon removal." INA §101(a)(15)(T)(i); 8 C.F.R. §214.11(b).
If under 21 years of age, the principal may include spouse, parents, unmarried siblings under 18 at time of principal's filing, and children who may accompany or follow to join. INA §101(a)(15)(T)(ii).
If 21 or over, may include only spouse and children if accompanying or following to join. However, a parent or sibling under 18 may obtain the visa even if not accompanying or following to join the principal where DHS, in consultation with the law enforcement officer (LEO), determines that the parent or sibling under 18 faces a present danger of retaliation as a result of the principal's escape from trafficking or cooperation with LEA. INA §101(a)(15)(T)(ii)(III).
The annual 5,000 limitation does not apply to T derivatives. INA §214(o)(3), 8 U.S.C. §1184(o)(3).
The U.S. has now signed and ratified the U.N. Convention Against Transnational Organized Crime (TOC) and the protocols on human trafficking (Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children) and smuggling (Protocol Against the Smuggling of Migrants by Land, Sea and Air) (Dec. 3, 2005).
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To schedule an appointment with Los Angeles visa attorney Artem M. Sarian, contact Sarian Law Group, APLC. We have offices in Glendale and Los Angeles, California, to serve you.
