Assisting Children of T1 Visa Holders

T visas are a class of visas that allow individuals to remain in the United States temporarily. More specifically, T visas are issued to victims of human trafficking and other severe sexual crimes. T-3 visas are granted to children of T1 visa holders so they can remain in the United States without fear of deportation or detainment.

T1 visa holders are allowed to remain in the United States for up to four years as long as they assist law enforcement with investigating the crimes they reported. Their immediate family members, including their children, are also eligible for a T visa. T-3 visas grant children lawful temporary residence in the United States so families can stay together. Victims of human trafficking deserve to seek justice, and T visas help empower individuals and give them a sense of safety as they work with law enforcement agencies.

If your parent has a T1 visa or you would like to file a T-3 visa application on behalf of your child, our team can help. Immigration services applications are often convoluted and require a lot of documentation and personal information. Filing any forms incorrectly or with missing information could delay your approval or approval for your children. Our team at Elizabeth Rosario Law, PLC., would be happy to assist you and your family. To learn more about our services and what we can do for you, call our office today at  616-530-0101.

What is a T-3 Visa?

A T-3 visa is a type of T visa that is issued to children of T1 visa holders. T visas are exclusively issued to victims of severe human trafficking who are willing and able to assist law enforcement with investigations and persecutions of the crime. T visas protect victims and their family members from deportation and detainment as they work with police officers and other agencies to bring their abusers to justice. Certain family members of T1 visas, including children, parents, and spouses, also qualify for T visas.

T visas were created in 2000 by the Trafficking Victims Protection Act (TVPA). Human trafficking is described as slavery or involuntary servitude with the use of force, fraud, or coercion to receive labor or services. In most cases, human trafficking victims are forced into commercial sex work and other sexually exploitative situations. T visas were created to help victims of human trafficking seek justice while remaining in the United States legally.

Who is Eligible for a T-3 Visa?

If you are the child of a parent with a T1 visa, then you are eligible for a T-3 visa. Your parent must apply for a T1 visa and meet the eligibility requirements. Your parent can apply for your T-3 visa on your behalf with their T1 application or at a later date.

Below are the requirements to be eligible for a T1 visa:

• Your parent was a victim of severe human trafficking
• Your parent was trafficked in the United States using force, misrepresentation, or deception
• Your parent is in the United States, the Commonwealth of the Northern Mariana Islands, American Samoa, or another port of entry
• Your parent would suffer extreme hardship if they were removed from the United States
• Your parent is admissible to the United States
• Your parent is willing to cooperate with law enforcement

How Do You Apply for a T-3 Visa?

When your parent applies for a T1 visa, they must also file Form I-914, Supplement A, the Application for Immediate Family Member of T-1 Recipient. Your parent will provide information about the crime they were victim to and sign a statement saying they are willing to cooperate with law enforcement during their investigation.

If you live outside of the United States, you must attend an interview at your local U.S. Embassy or Consulate. If you are younger than 14, you will not have to participate in an interview. You must bring a photo of yourself, your passport, and Form I-797 to this interview. Your local Embassy or Consulate may also ask you to provide additional documents.

The T-3 visa application can be confusing, especially if you are a T1 visa applicant trying to apply for your own visa. It is always recommended to consult with an immigration lawyer on our team before filing any application to immigration services. Including incorrect information or missing essential documents can delay your approval, leaving you and your children in limbo. To learn more about how we can help you, call our office today.

Can You Adjust Your Status as a T-3 Visa Holder?

One of the main benefits of a T-3 visa is that you can apply for a green card after three years of living in the United States. If remaining in the U.S. is your goal, you can expedite the process with a T-3 visa. You must stay in the United States for all three years and show good moral character the entire time. Once three years have passed, our team can help you file an application for an adjustment of status to receive lawful permanent resident status.

What Can an Immigration Lawyer Do for Me?

Learning that your parent has been the victim of human trafficking can be a devastating experience. Getting to stay with your parent in the United States while they help law enforcement agencies prosecute the guilty parties can be very empowering. Our team can help you apply for a T-3 visa or assist your parent in filing an application on your behalf. We can also help you file for an adjustment of status once you are eligible. Please don’t hesitate to reach out to our team. Call Elizabeth Rosario Law, PLC. at  616-530-0101.