Yes, the U.S. Constitution outlaws slavery and involuntary servitude (holding another in service through force or threats of force). The Victims of Trafficking and Violence Protection Act (VTVPA) supplements existing laws that apply to human trafficking. The VTVPA establishes new tools and resources to combat trafficking in persons, and provides an array of services and protections for victims of severe forms of trafficking.
Yes, victims of severe forms of human trafficking are eligible for a T nonimmigrant status (T visa). The T visa allows victims to remain in the United States. Once a T visa is granted, a victim can apply for permanent residence after 3 years.
The T nonimmigrant visa is valid for four years and a visa holder may be eligible to apply for permanent residence (green card) after 3 years in T nonimmigrant status.
Victims of trafficking may be eligible for a number of federally funded benefits and services regardless of immigration status if they have been certified by the U.S government. Once a victim has been certified, they are eligible for the same services as a refugee. If the victim is under the age of 18, they are eligible for certain benefits without the requirement of certification.
Yes, immediate family members are eligible for derivative nonimmigrant status. If the victim is under 21 years of age, they may apply on behalf of spouse, children, parents and unmarried siblings under the age of 18. If the victim is 21 years of age or older, they may apply on behalf of spouse and children.
