The availability of immigration relief for undocumented victims is determined by the individual circumstances surrounding the victimization and the specific eligibility requirements of the type of relief sought. Information about certain forms of immigration relief that trafficking victims may be eligible for are given below. This information is provided merely as a guide.

If you need assistance with immigration relief, please consult a qualified immigration law practitioner.

Continued Presence

In order to assist with the prosecution of traffickers, eligible victims who lack legal status but who are potential witnesses of trafficking may receive temporary immigration relief under the continued presence provisions of Section 107(c) of the VTVPA. Only a federal law enforcement agency may petition the CIS (formerly INS) for Continued Presence. The CIS has the discretion to utilize one of several statutory and administrative mechanisms to authorize the continued presence of victims of severe forms of trafficking. Some of the mechanisms available to the CIS for this purpose include parole, suspension of removal, and deferred action.

T visa

T visas may be available to victims of severe forms of trafficking who have complied with any reasonable requests for assistance in the investigation or prosecution of acts of trafficking.

To be eligible for the T visa the victim must

• Be a victim of a severe form of human trafficking,
• Be willing to assist in every reasonable way in the investigation and prosecution of severe forms of trafficking in persons,
• Be physically present in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry on account of such trafficking,
• Have either made a bona-fide application for a T visa with the CIS (formerly called INS) or must be a person whose continued presence in the United States the Attorney General is ensuring in order to effectuate prosecution of traffickers in persons, and
• Be likely to suffer extreme hardship involving unusual and severe harm upon removal.

However, minors under the age of fifteen do not have to comply with such requests in order to be eligible for a T visa.

Crime Victims U Visa

The U visa may be available to undocumented victims who have suffered substantial physical or mental abuse as a result of being the victims of certain crimes designated by the VTVPA (including trafficking) that violate federal, state, or local laws or have occurred while in the United States (including in Indian country and military installations) or its territories or possessions. To be eligible for a U visa, the victim must possess information concerning the crime and the U visa petition must include a certification from a government official stating that the victim is helping, has helped, or is likely to be helpful in the investigation or prosecution of the crime.

CIS (formerly INS) has not issued regulations for applying for the U visa yet. Until the regulations are published, CIS is granting interim relief for those eligible for a U visa.  This means that while you cannot apply for a U visa, you may be able to apply for temporary status until those regulations are issued. U-visa interim relief and employment authorizations are valid for one year. You must apply for an extension every year before the expiration of the current period

After three years, U visa holders may be eligible to adjust their status to that of lawful permanent residence in accordance with federal law and CIS regulations.

Recipients of both the T and U visas are eligible for employment authorization, and may, after three years adjust their status to that of lawful permanent resident in accordance with federal law and CIS (formerly INS) regulations. In appropriate circumstances, these visas may be available to family members of the victim. By statute, 5,000 T visas and 10,000 U visas may be issued to victims annually. These limits do not apply to family members.

VAWA

A self-petition under Violence Against Women Act (VAWA) is an alternative for women who have been victims of servile marriage or have suffered domestic violence as internet or "mail order" brides. Women whose husbands are U.S. citizens or permanent residents are eligible for this form of relief. Victims can apply for this type of visa without their husband's help or knowledge.

Victims may also be sponsored or apply for other immigration benefits for which they may be eligible, such as an S visa or asylum. Victims should consult with a qualified immigration law practitioner for advice concerning the full range of benefits for which they may be eligible.