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A 17-year-old in Fresno was promised a job and a place to live. Once he arrived, the boss kept his passport and said he owed money for the trip, so he could never leave. A 14-year-old in Charlotte was assaulted at home and is afraid that telling anyone will get her family deported. Federal law has two visas for situations like these. Congress created both in October 2000 in the Victims of Trafficking and Violence Protection Act.
The U visa: victims of certain crimes
U.S. Citizenship and Immigration Services (USCIS) says you may qualify for a U visa if you were the victim of a listed crime in the United States, suffered substantial physical or mental abuse because of it, and were, are, or are likely to be helpful to law enforcement. The list includes domestic violence, sexual assault, stalking, kidnapping, blackmail, and trafficking, among others.
The application is Form I-918. It needs Supplement B, a certification signed by an official at the police department, prosecutor's office, or other agency on the case. If you are under 16, a parent, guardian, or 'next friend' (an adult who acts for you in a legal matter) can provide the information and help police for you.
Only 10,000 U visas go to main applicants each year, so many people wait. Once granted, U status lasts four years. If you are under 21 when you apply, you can also ask for your parents and your unmarried brothers and sisters under 18.
The T visa: victims of trafficking
Trafficking is using force, fraud, or coercion to make someone work or provide sex. For anyone under 18, commercial sex counts as trafficking even without force. The application is Form I-914, with a personal statement about what happened.
Usually a T visa applicant must answer reasonable requests from police. USCIS says that rule may not apply if you were under 18 when at least one act of trafficking happened.
Family can be protected too. At any age, you may apply for your parents and your unmarried brothers and sisters under 18 if they are in present danger of retaliation, meaning the trafficker may hurt them because you escaped or spoke to police.
Privacy, cost, and school
Both applications are free, with no filing fees through the green card stage. USCIS says the information is confidential by law, and it cannot deny you based only on what your abuser or trafficker says. You can give a safe mailing address where you do not live.
In Plyler v. Doe (1982), the U.S. Supreme Court ruled that states cannot keep children out of public school because of their immigration status. You can stay in school while your case is pending.
First steps
If you are in danger now, call 911. Then tell one trusted adult, like a school counselor. Write down dates, names, and places while you remember them, and keep any messages.
Find a free immigration lawyer through the USCIS 'Find Legal Services' page before you file anything. A lawyer can tell you which visa fits and how to ask the police or prosecutor for the signed certification. Do not pay a 'notario'.
Запомните
- The U visa (Form I-918) is for victims of listed crimes who help or are likely to help law enforcement.
- The T visa (Form I-914) is for trafficking victims; people under 18 may not have to show they helped police.
- Both are fee exempt and confidential, and you may use a safe mailing address.
- Tell a trusted adult, keep records, and see a free immigration lawyer before filing.
Источники
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