Path to Permanent Residency: How a T Visa Leads to a Green Card

Path to Permanent Residency: How a T Visa Leads to a Green Card

If you believe you may qualify for a T visa, call us today at (619) 746-8879

For survivors of human trafficking, the journey to rebuilding their lives in the United States often begins with obtaining a T visa. Designed to offer protection and support, this visa not only helps individuals escape from exploitation but also provides a pathway to permanent residency.

Let’s explore how the T visa leads to a green card and the steps involved in this transformative process.

Key Takeaways

• A T visa is a vital tool for survivors of human trafficking, offering protection and a path to rebuilding their lives.
• The process of transitioning from a T visa to a Green Card involves meeting specific eligibility criteria, submitting the required documentation, and cooperating with USCIS.
• Adjusting status to permanent residency opens doors to long-term stability, family reunification, and eventually US citizenship.

What Is a T Visa?

A T visa is a special type of nonimmigrant visa granted to individuals who are victims of severe human trafficking and cooperate with law enforcement in investigating or prosecuting traffickers. This visa provides temporary immigration status and opens the door to essential benefits, such as work authorization and access to certain federal programs.

Transitioning from a T Visa to a Green Card

One of the most significant benefits of the T visa is the ability to apply for lawful permanent residency, commonly known as a Green Card. Here’s a breakdown of how this process works:

Eligibility Requirements

To transition from a T visa to a Green Card, the applicant must meet the following criteria:

• Have been physically present in the United States for at least three years since receiving the T visa.
• Continue to comply with reasonable requests for assistance in the investigation or prosecution of human trafficking, unless exempt due to trauma.
• Demonstrate that remaining in the US is necessary to avoid extreme hardship involving unusual and severe harm.

Application Process

• File Form I-485, Application to Register Permanent Residence or Adjust Status.
• Include documentation proving eligibility, such as evidence of physical presence, compliance with law enforcement, and hardship factors.
• Submit biometric data, attend an interview (if required), and respond to any additional requests from US Citizenship and Immigration Services (USCIS).

T Visa to Green Card Processing Time

The processing time for transitioning from a T visa to a Green Card can vary. On average, it takes several months to over a year for USCIS to process the application.

Factors such as application volume, completeness of the submission, and the need for additional evidence can influence the timeline.

Benefits of Adjusting Status

Obtaining a Green Card through a T visa provides numerous advantages:

• Permanent Residency: Green card holders can live and work in the US indefinitely.
• Family Reunification: Eligible family members may also qualify for permanent residency.
• Path to Citizenship: After maintaining permanent residency for five years, individuals can apply for US citizenship.

What is the difference between a T visa, a U visa, and VAWA?

The T visa, U visa, and VAWA (Violence Against Women Act) are all forms of immigration relief in the United States designed to protect vulnerable individuals, but they serve different purposes and apply to distinct groups of people. Here’s a breakdown of the differences:

T Visa

• Purpose: Protects victims of severe human trafficking (sex trafficking or labor trafficking).
• Eligibility: Applicants must prove they were trafficked, are in the US as a result of trafficking, and cooperate with law enforcement (unless exempt due to trauma).
• Benefits: Provides temporary legal status, work authorization, access to certain public benefits, and a pathway to a green card after three years.
• Unique Feature: Specifically addresses trafficking-related abuse and exploitation.

U Visa

• Purpose: Protects victims of certain crimes who assist law enforcement in investigating or prosecuting the crime.
• Eligibility: Applicants must have suffered substantial physical or mental abuse from a qualifying crime (e.g., domestic violence, sexual assault, kidnapping) and possess a certification from law enforcement confirming their assistance.
• Benefits: Grants temporary legal status, work authorization, and eligibility for a green card after three years.
• Unique Feature: Focuses on victims of a wide range of crimes, not just trafficking.

VAWA (Violence Against Women Act)

• Purpose: Protects victims of domestic violence, abuse, or extreme cruelty by a US citizen or lawful permanent resident family member.
• Eligibility: Applicants can self-petition for legal status if they are a spouse, child, or parent abused by a US citizen or permanent resident. Proof of abuse or cruelty is required.
• Benefits: Allows victims to obtain work authorization, legal status, and eventually a Green Card.
• Unique Feature: Does not require law enforcement involvement; instead, it focuses on abuse within family relationships.

Final Thoughts

The transition from a T visa to a Green Card is a vital step for survivors of human trafficking seeking stability and security in the United States. While the process may seem complex, understanding the requirements and timelines can help applicants navigate their journey with confidence.

For those currently holding a T visa or considering applying, consulting an experienced immigration attorney can provide invaluable guidance. With determination and support, the path to permanent residency and beyond is within reach.

Contact Kannan Law for guidance in San Diego.

Frequently Asked Questions

Can T visa holders include family members in their Green Card application?

Yes, eligible family members, such as spouses, children, and, in certain cases, parents or unmarried siblings, can apply for green cards as derivatives of the principal applicant. Specific requirements and documentation apply to each category.

What happens if a T visa holder’s status expires before they file for a Green Card?

T visa holders are generally allowed to remain in the US for up to four years. If their T visa is close to expiring, they may apply for an extension or file their green card application before the expiration to maintain legal status.

Are there any fees waived for T visa holders applying for a Green Card?

In many cases, T visa holders can request a fee waiver for Form I-485 and other associated costs if they can demonstrate financial hardship. This waiver can ease the financial burden of the adjustment process.