What is the T visa and who can benefit?
The T visa was created for victims of severe forms of human trafficking. Article 103 of the Victim Traffic Prevention agreement gives as definition of “traffic” the following:
Sex trafficking, in which the victim is induced by force, fraud or coercion to trade with sex.
The hiring, lodging, transportation, provision, or retention of a person to work or provide their services through the use of force, fraud, or coercion for the purpose of subjecting to involuntary servitude, slavery, or kidnapping for debt.
In cases of these punishments, forgiveness requires that the family member who qualifies to prove whether the extreme damage exists is a spouse or a parent who is a US citizen or resident.
In addition, the person applying for residence will have to remain outside the US until Immigration makes a decision of forgiveness. The main reason why a pardon is denied is because of poor preparation of paperwork. If a case of forgiveness is approved, the person returns to the US with residence.
Definitely if you are in this case consult a lawyer who has experience in this kind of cases to give you the necessary guidance to prepare your forgiveness very well and the necessary documents to have a successful outcome.
The prohibition for 3/10 years (3 Year / 10 Year Bar), refers to the change in immigration law that occurred in 1996 that established that any foreigner who remains in the US without legal status for more than 6 months, when leaving The US cannot return for 3 years. In the same way, any foreigner who accumulates more than 1 year of illegal status in the US cannot return for 10 years when he leaves the US.
These punishments result in you not being able to adjust your immigration status in the United States and you have the option of starting a consular process that will be required to leave the country.
The fact of starting a consular process does not grant you protection so as not to be stopped by officers of (ICE).
Upon leaving the country, the day of the interview he would be denied residence for the reason of the punishment.
