In order to qualify for a T Visa, you need to prove that you were brought to the United States as a victim of “a severe form of human trafficking.” But what exactly does that mean?
Human trafficking is defined as using force, fraud, or coercion to compel someone into performing sex acts or labor. Let’s look at these two categories.
Sex trafficking occurs when a sex act is exchanged for something of value—this could include money, shelter, food, protection, or anything else perceived as beneficial. Sex trafficking doesn’t always look like what people expect. It can take many forms and happen in private homes, massage parlors, strip clubs, or even seemingly legitimate businesses. Traffickers may manipulate victims into situations where they feel trapped, ashamed, or powerless to leave.
It’s important to understand that not all sexual assault is considered sex trafficking under immigration law. Sexual violence or coercion without any exchange of money, services, or promises is still a serious crime, but it may fall under different protections. For survivors of sexual assault where there was no commercial exchange involved, a U visa may offer a pathway to protection instead of a T visa.
