Is a child eligible to apply for a T visa if they are victims of trafficking?
Yes, a child may be eligible to apply for a T visa if they are victims of trafficking in the state of California. As a T visa holder, they would be allowed to stay in the U.S. and receive certain benefits such as access to medical care, education, and legal services. In order to qualify for the visa, the child must have been a victim of a severe form of human trafficking and have complied with law-enforcement requests for assistance in the investigation and prosecution of the trafficking. Additionally, the child must show that they are likely to suffer “extreme hardship” involving “unusual and severe harm” if they were to be removed from the U.S. The application process for a T visa is complex and time-consuming, so it is advisable for children to seek assistance from a qualified attorney in order to ensure their application is complete and submitted correctly. Furthermore, minors may also be eligible to apply for Special Immigrant Juvenile Status (SIJS), which is a pathway to lawful permanent residence in the U.S. A qualified attorney can help a child determine if they are eligible for either of these visas. In California, there are also a number of state-level protections and benefits available to children who are victims of human trafficking, such as access to legal aid, extended foster care services, and the ability to pursue restitution from their traffickers. California also provides a human trafficking hotline and numerous resources to help victims and survivors.
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