In a heartfelt livestream, immigration attorney Marina Shepelsky addressed a serious and often overlooked issue—the exploitation of immigrant workers at gas stations, markets, bakeries, restaurants, and private homes across the U.S., particularly among Indian, Bangladeshi, and Pakistani communities. Many of these workers are victims of human trafficking and may qualify for a T Visa, which offers a legal pathway to remain and work in the U.S.

This blog post summarizes the full video conversation, offering practical information on how the T Visa process works, who qualifies, and what to do if you’re being abused or underpaid.

The Exploitation Problem in Immigrant Labor

Many immigrant workers in the U.S., especially from South Asia, find themselves:

Working long hours with no overtime
Receiving little or no pay
Living in housing provided by employers, often in poor conditions
Being told they owe their employer for rent or food
Threatened with deportation if they complain

This pattern is alarmingly common among gas station workers, dishwashers, domestic workers, and restaurant staff.

What is the T Visa?

The T Visa is a special nonimmigrant visa for victims of human trafficking, including those who have been forced or coerced to work under abusive conditions. It allows the applicant to:

Remain in the U.S. legally for up to 4 years
Receive a work permit
Apply for a green card after 3 years or once the trafficking investigation ends
Include family members in the application

Common Signs of Labor Trafficking

Marina Shepelsky outlined several red flags to watch for:

Employer keeps your passport or immigration papers
You’re told you “owe” the boss for rent or food
You’re not allowed to quit or take time off
You face threats if you try to leave
You feel like you’re a prisoner in your job

If you recognize any of these signs, you could be eligible for a T Visa.

The First Step: File a Complaint

The T Visa process begins with filing a labor complaint:

File with your state’s Department of Labor
In some states, file with Labor & Industries (L&I)
You may also need to file with the Federal Department of Labor

This complaint documents the abuse and helps establish the legal basis for your visa application.

How the T Visa Application Works

Once the complaint is filed:

Your attorney helps you submit the full T Visa application
Includes a detailed personal statement, supporting documents, and forms
If you cooperate with authorities, you may also apply for employment authorization
The application is confidential and your employer won’t be informed directly unless investigated

How Long Does the T Visa Take?

Processing times vary, but expect several months to over a year. Marina emphasized that strong cooperation and a well-documented case can help expedite the process.

Travel During T Visa Application

Shepelsky also warned about traveling while your T Visa is pending:

Don’t travel unless you have advanced parole
If your application is denied while you’re outside the country, you may not be allowed back in
If you’re married to a U.S. citizen and traveling together, you may be safer—but always consult your attorney first

Legal Advice and Representation

The T Visa process can be complex, and mistakes can delay or jeopardize your case. That’s why Marina recommends:

Hiring an experienced immigration attorney
Avoiding DIY applications for marriage-based or T Visa cases
Being cautious with deadlines and required documentation

U.S. Courts and Policy Updates

Marina also touched on recent legal developments, such as:

Supreme Court reviewing citizenship rights for children of undocumented immigrants
Changes in marriage green card interviews—most now require in-person appointments
Court rulings that immigrants wrongly deported (like to South Sudan) must be tracked and potentially returned

Final Thoughts from Marina Shepelsky

This video was more than legal advice—it was a call to action. Marina urged workers suffering in silence to reach out confidentially. Her team regularly helps workers from gas stations, kitchens, markets, and private homes file for T Visas, regain their dignity, and secure a better life.

If You’re Being Abused at Work, Don’t Stay Silent

If you:

Work at a gas station, market, restaurant, or someone’s home
Face threats, underpayment, or control by your employer
Feel scared to leave or speak out

You may qualify for a T Visa.

Conclusion

Human trafficking in the form of labor exploitation is real and happening every day in plain sight. The T Visa offers hope, protection, and legal status to victims—especially those in industries like gas stations where abuse is rampant.

If you or someone you know is being mistreated at work, you don’t have to face it alone. Legal help is available, and you have rights under U.S. law.

FAQs

Who is eligible for a human trafficking US T Visa?
You may qualify for a T Visa if you are a victim of labor trafficking or sex trafficking and are currently present in the United States as a result of that exploitation. Victims must demonstrate that they would face extreme hardship if removed from the U.S. and should be willing to cooperate with law enforcement in investigating the trafficking.

Can undocumented immigrants apply for a T Visa?
Yes. The human trafficking US T visa is specifically designed to protect undocumented immigrants who are being exploited through forced labor or coercion. You do not need lawful immigration status to apply.

Will my employer be notified if I apply for a T Visa?
No. Your T Visa application remains fully confidential unless a formal investigation is launched. The process is designed to protect you from retaliation and ensure your safety while pursuing justice.

Can I legally work in the U.S. while my T Visa application is being processed?
Yes. Once you submit your T Visa application, you can also apply for employment authorization. If approved, you will be allowed to work legally in the U.S. while your case is pending.

How long does it take to get a green card through the T Visa?
Typically, you can apply for lawful permanent residency (green card) three years after receiving your human trafficking US T visa, or earlier if the criminal investigation into the trafficking concludes.

What if I’m scared to report my trafficker or file a complaint?
You are not alone. Many T Visa applicants begin the process by speaking privately with an immigration attorney. Legal professionals can guide you through a confidential and safe process to file your complaint without immediate exposure or risk.