The T-Visa and Labor Abuse 

Many immigrants have arrived in the US with legal documentation and have rights as any other US citizen. However, there are immigrants who have entered the US illegally because they have been deceived or forced to come to the country.

On many occasions, illegal immigrants work long shifts and receive unfair remuneration. They are constantly under the threat of deportation and live in conditions of slavery or injustice; because of this many are unaware of their labor rights and possible solutions to stay and work legally in the US.

If you believe that you were brought to the US with promises of work that were not true and that you ended up being a victim of labor slavery, the federal law of the US can consider you as a victim, and classify in a case of “Severe Trafficking Form”.

If I am a Victim of Labor Abuse, Can I be Eligible for a T-Visa?

If you have been a victim of work-related abuse or human trafficking, you can apply for the Visa-T (also called T Non-immigrant Status). This visa will allow you to live and work legally in the US for up to 4 years.

What Other Rights do I Have if I am a Victim Protected Under the “Human Trafficking” Law?

Victims of human trafficking have the right to receive services and labor protection and may receive some public benefits.

The (IRCA) (Immigration Reform and Control Act of 1986) is the law approved by the congress that has the intention of curbing illegal immigration to the US. The law sanctions employers who demonstrate hiring undocumented workers. IRCA also requires employers and job seekers to complete the Form I-9 at the time of hiring.

Human Trafficking is a crime and those responsible for labor exploitation can be prosecuted in criminal and civil matters.

How to Know if I am a Victim of “Human Trafficking” or Labor Abuse?

You can tell if you have been a victim of labor abuse, threats or intimidation if your employer uses at least one of the following methods of manipulation:

Debt

Human traffickers exploit their victims to “settle a debt.”

Standards and Surveillance

They use supposed labor and surveillance rules to make it more difficult for you to leave, file complaints or seek help. For example:

• Rules against leaving the workplace.
• Rules that stipulate where you can or cannot go when you are not working.
• Rules that restrict you to keep your own passport or visa, birth certificate or other identification documents.
• Deny food, sleep or medical attention.
• Prevent, limit or monitor communication with your family, co-workers, clients or others outside the workplace, such as social or legal services workers.

Deception and Lies

Traffickers can also use deception and lies to exploit their employees, some examples are the following:

• False promises about the type of work, working hours, living or working conditions and salary.
• They make you believe that you have no rights.
• They constantly say they will deport you if you try to ask for help.

Will I be Deported if I Report Abuse?

There are programs that protect people who report abuse. You do not have to hesitate to seek help even if you are concerned about immigration issues. You can always consult with an immigration lawyer.

Remember that if you are a victim of human trafficking, exploitation or slavery, you may be eligible to receive a non-immigrant visa such as the T-Visa (for victims of human trafficking).

Do you need help with your T-Visa? If you have any questions about immigration or relating to a case you may have currently in Progress, then please don’t hesitate to contact us for a FREE Consultation with one of our expert immigration attorneys. Alternatively, simply call Motion Law today at: (202) 918-179