Legal Aid Foundation of Los Angeles
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Obtaining Legal Immigrant Status

Immigrant survivors of human trafficking can apply for a T visa, an immigration status that allows trafficking victims to live and work in the U.S. for three years. After the three-year period, they can apply for a green card.

To qualify for a T visa, a person must:

Be physically present in the U.S. due to a present or past trafficking situation.
Comply or have complied with requests for assistance in the investigation and/or prosecution of their trafficker. (This requirement does not apply to children 18 years and younger.)
Demonstrate that he/she would suffer “extreme hardship” involving unusual and severe harm upon removal from the U.S.

 

Information for Family Members

Immediate family members of trafficking victims can apply for a T visa as “derivative applicants” if they are:

A spouse or minor child of an adult trafficking victim.
A spouse, minor child, minor sibling or parent of a trafficking victim who is younger than 18 years old.

Family members can make an application for a T visa from the U.S. or abroad.

 

Benefits Available

LAFLA refers human trafficking clients to local agencies that can help them access a wide array of benefits and services regardless of the victim’s immigration status. Some available benefits include:

Refugee Cash Assistance (RCA)
Refugee Medical Assistance (RMA)
Mental health counseling
Job training and placement
English language classes

 

How to Qualify for Benefits and Services

To obtain representation and benefits, a person over the age of 18 must:

Meet the legal definition of a trafficking victim.
Be willing to cooperate with law enforcement in prosecuting the traffickers.
Have a Department of Health and Human Services (HHS) certification letter OR a pending application for a T visa.

A person under the age of 18 must:

Meet the legal definition of a trafficking victim
Have Department of Health and Human Services (HHS) eligibility letter OR a pending application for a T visa.