This page is meant to provide an overview of the most useful resources for researching immigration issues related to helping trafficking victims who have grounds of inadmissibility to obtain visas. More specific information is available under the tabs discussing particular grounds of inadmissibility. The Sub-tabs in this category provide an overview of the law and other helpful resources such as practice tips.
Immigration forms are used for numerous purposes including to: apply for visas, request fee waivers, request waivers for inadmissibility, and adjust status. These forms are available on line for free from various government agancies' websites. Simply reading these forms, and any instructions that may be provided, is a great place to start research because the questions they ask provide clues about what must be proved to obtain relief, what evidence is acceptable, and what questions to ask to correctly spot all relevant issues. Reading forms carefully can also be helpful as a practice guide because the forms suggest what questions to ask in client interviews and what to include in a checklist of things to do. USCIS provides particularly helpful, clear, informative instructions in addition to providing forms. Government agencies providing public access to forms related to immigration include:
One of the main forms of legal relief available to victims of human trafficking, certain serious crimes, domestic violence, and witnesses of serious crimes is the possibility of obtaining a visa so they will be able to remain in the U.S. and work here legally. This is especially important because many victims of human trafficking are undocumented and at risk of detention or removal. Congress has created certain types of non-immigrant visas for such individuals because it is in the public interest to have victims of crimes available in the U.S. to aid law enforcement in investigation and prosecution of crimes. Allowing aliens to obtain visas, even if they are undocumented, ensures that perpetrators of human trafficking and similar crimes do not evade justice because their victims cannot seek help or contact law enforcement without being deported. In this way, helping victims obtain visas is an essential tool for fighting slavery because it facilitates bringing perpetrators of human trafficking to justice preventing them from continuing to victimize others.
Victims of trafficking or other crimes will probably be seeking admission to the U.S. as "Non-Immigrants," a legal status to be distinguished from "Immigrants," and "Refugees." However, it is possible that an individual who has been the victim of trafficking or other crimes in the U.S. may also have independent grounds to seek a legal status as an Immigrant, or Refugee, which are beyond the scope of this Libguide. There are several types of non-immigrant visas, but the ones most likely to be helpful for trafficking victims include:
Some individuals will qualify for more than one of these visas. Other individuals might be victims of labor exploitation or other crimes but will not qualify for any of these options for visas. Similarly, victims of domestic violence who are legal residents may qualify to be a VAWA self-petitioner to adjust their status status even though they are divorcing their spouse who is a citizen.
Unfortunately, some otherwise qualified applicants will not be eligible for these visas because they are inadmissible to the U.S. Federal statutes restrict who may legally enter the U.S., and many of these restrictions apply to all visas (or most visas). Unfortunately, trafficking victims are often inadmissible. The most common grounds of inadmissibility likely to affect victims seeking immigration relief include:
