Many people think that a T-visa is only for someone who was brought into the United States by a trafficker. That is not always true.

A person may still qualify for a T-visa even if they came to the United States on their own, and only later became trapped in an abusive or exploitative work situation.

This can happen to truck drivers, auto shop workers, store employees, bakery workers, gas station workers, restaurant workers, construction workers, and many others.

The key question is not only how the person entered the United States. The key question is whether the employer or another person used force, fraud, threats, fear, debt, immigration status, document control, unpaid wages, isolation, or psychological pressure to make the person keep working.

For example, a worker may be told that they cannot leave because they owe money, because no one else will hire them, because they do not have legal status, or because the employer will report them to immigration. Some workers are constantly reminded that they are undocumented or that they have no options in the United States. Others are forced to work extreme hours, are underpaid or not paid at all, are threatened, or are made to feel trapped and afraid to quit.

These non-standard T-visa cases can be very strong when the facts show that the person was not simply in a bad job, but was actually controlled, pressured, or coerced into continuing labor against their will. Even when the trafficker did not bring the person to the United States, the person may still have a possible T-visa case if the exploitation happened inside the United States and the person remains here because of the trafficking and its consequences.

Call us today to explore your own legalization in the U.S. – we work in all 50 states.

Shepelsky Law Group

Tel: (718)769-6352