T-Visa Certification in Texas: Working with Prosecutors
For Texas non-citizen victims of human trafficking, safety and justice may depend on two very different systems working together. The state criminal courts that prosecute traffickers, and the federal immigration system that offers victims protection through a T-Visa, must work in tandem to allow human trafficking victims a safe haven.
The T-Visa (Form I-914) allows specific trafficking victims to remain in the U.S., obtain authorization to work, and eventually apply for a green card. However, proof that a person was the victim of trafficking and cooperated fully with law enforcement often originates from Texas police reports and court proceedings.
Coordinating these records can make or break a T-Visa case, and with the constant changes to immigration laws under the current administration, it is essential to have an experienced Plano, TX immigration lawyer.
What Are the Eligibility Requirements for a T-Visa?
The T-Visa program was created under the Trafficking Victims Protection Act (TVPA) to protect victims of human trafficking who assist law enforcement in prosecuting the traffickers. To qualify for a T-Visa, an individual must:
- Be a victim of severe sex or labor human trafficking
- Be physically present in the U.S. due to severe human trafficking
- Be willing to assist law enforcement with their investigations and prosecutions of traffickers
The maximum benefit for an individual who meets all these requirements is lawful status for four years, employment authorization, and a path to permanent residence after three years.
What is the T-Visa Process?
A Texas law enforcement agency must sign Form I-914B (Law Enforcement Declaration), confirming the applicant’s status and cooperation. Local police departments, sheriff’s departments, or district attorneys can sign the form. The Texas Department of Public Safety Human Trafficking Unit, along with all federal partners operating within Texas (including ICE, FBI, HIS, etc.), can also sign the form.
The first step is to identify the proper law enforcement certifying agency with jurisdiction over the trafficking investigation. Next, police reports, victim-impact statements, charging instruments, and court transcripts showing cooperation are collected. Immigration lawyers must maintain communication with the district attorney’s victim-witness coordinator and the prosecutor on the case.
The I-914B package is prepared for the cooperating victim of human trafficking, and a cover letter that summarizes the facts of the trafficking, case numbers, and dates of cooperation is included in the package. Certified copies of the signed I-914B and supporting affidavits are then filed with USCIS.
Issues That May Be Present in Texas T-Visas
Local prosecutors may be focused much more on criminal convictions than on immigration relief. Some Texas counties require protective orders or sealed records before sharing victim information, making the T-visa process more difficult. Since criminal prosecutions can take years, this raises the question of what happens to these victims of human trafficking in the interim. Finally, smaller, rural jurisdictions may lack trained officers who are familiar with the T-Visa process.
Early Intervention is Crucial in the T-Visa Process
An I-914B certification should be requested as soon as law enforcement confirms cooperation. Immigration attorneys and advocates can partner with social service agencies, shelters, and legal-aid organizations under the Texas Human Trafficking Prevention Task Force. If an I-914B cannot be obtained, consider using credible evidence from media coverage and police affidavits. If a human trafficking victim is still in danger or is a minor, pseudonyms can be used in filings for privacy protection. Some T-Visa victims of trafficking might also qualify for a U-Visa or asylum.
Contact a Dallas, TX Immigration Lawyer
If you suffered exploitation for labor or sex in Texas, you may qualify for a T-Visa, even if you entered the U.S. without legal status. Having a Plano, TX immigration attorney from Law Office of Jae Lee ensures your rights as a human trafficking survivor are fully protected. Attorney Lee offers personal, one-on-one guidance in many different areas of immigration.
You will work directly with him, and he can work with you remotely, in some situations. Attorney Lee’s parents went through the immigration process, so he has compassion and the experience necessary to help you reach your immigration goals. Call 214-295-3014 to schedule your free consultation.