kwmedley.com – Victims of human trafficking and other crimes can apply for a green card, which grants them lawful permanent residency in the United States. This process involves several steps and requires meeting specific eligibility criteria. Here’s a detailed guide on how victims can apply for a green card:
1. Obtain T Nonimmigrant Status
The first step for victims of human trafficking is to obtain T nonimmigrant status. This status allows victims to remain in the U.S. temporarily and provides them with employment authorization and access to certain federal and state benefits and services.
To apply for T nonimmigrant status, victims must submit Form I-914, Application for T Nonimmigrant Status, along with supporting documents that demonstrate they have been victims of a severe form of trafficking in persons, are physically present in the U.S., have complied with law enforcement requests, and would suffer extreme hardship if removed from the U.S.
2. Apply for a Green Card
Once victims have T nonimmigrant status, they can apply for a green card. This process involves submitting Form I-485, Application to Register Permanent Residence or to Adjust Status, along with supporting documents that prove their eligibility for a green card.
3. Meet Eligibility Requirements
To be eligible for a green card, victims must meet several requirements, including:
- Being physically present in the U.S., American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry due to trafficking.
- Complying with any reasonable request from a law enforcement agency for assistance in the investigation or prosecution of human trafficking.
- Showing that they would suffer extreme hardship if removed from the U.S.
- Being admissible to the U.S., or obtaining a waiver of inadmissibility if they are not admissible.
4. Submit Required Documents
Victims must submit the following documents with their application:
- Form I-485, Application to Register Permanent Residence or to Adjust Status.Form I-914, Application for T Nonimmigrant Status, if applicable.
- Evidence to establish that they have complied with any reasonable request for assistance from law enforcement, or that they qualify for an exception or exemption.
- Evidence to show that they meet all other eligibility requirements.
- Evidence to demonstrate that they are admissible, or Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, if they are inadmissible.
5. Pay Required Fees
Applicants for T nonimmigrant status and T nonimmigrants are exempt from all forms through adjustment of status7.
6. Attend Interviews and Biometrics Appointments
Victims may be required to attend an interview with a USCIS officer and provide biometric information such as fingerprints and photographs.
7. Receive Decision
After reviewing the application, USCIS will make a decision on whether to grant the green card. If approved, victims will receive their green card, allowing them to live and work permanently in the U.S.
Conclusion
The process of applying for a green card as a victim of human trafficking or other crimes involves obtaining T nonimmigrant status, meeting specific eligibility criteria, and submitting the necessary documents. Victims should consult with an immigration attorney or legal expert to navigate the complex application process and ensure they meet all requirements.