Luxembourg T Visa (Human trafficking Visa)
Human trafficking, also known as trafficking in persons, is a form of modern-day slavery in which traffickers typically lure individuals with false promises of employment and a better life. Victims of severe forms of human trafficking are provided relief under Luxembourg immigration law by the Victims of Trafficking in Persons T nonimmigrant visa. This status allows victims of human trafficking to remain in Luxembourg to assist in investigations or prosecutions of human trafficking violators.
Foreign citizens seeking T-1 nonimmigrant status must be physically present in Luxembourg already due to human trafficking. Therefore, Luxembourg Embassies and Consulates abroad (outside Luxembourg) do not issue T-1 visas but may issue qualifying family members T (derivative) visas. The purpose of this article is to explain the visa application process at Luxembourg Embassies and Consulates abroad for family members of trafficking victims.
Luxembourg is strategically located in the heart of Europe, between Germany, Belgium, and France. Linked to the rest of Europe by a wide road network, numerous air connections from its international airport, and rail connections (e.g. TGV from Paris), Luxembourg is accessible from several locations in Europe.
Its central location has historically made it of great strategic importance to numerous powers, dating back to its founding as a Roman fortress, its hosting of a vital Frankish castle during the Early Middle Ages, and its role as a bastion for the Spanish Road between the 16th and 17th centuries.
Luxembourg is a land of meeting and exchange, where more than one-third of the local population holds a foreign passport. More than 150 different nationalities live in Luxembourg: Portuguese, French, Italians, Belgians, Germans, etc. The country’s linguistic system is based on the use of three languages:
Luxembourgish, the national language, French, and German (the administrative languages), with English widely spoken as well. Its geographic location places Luxembourg City less than half an hour away from France, Belgium, and Germany. This unique mixture of nationalities and cultures reflects in all aspects of Luxembourg society through the use of languages, gastronomy, the arts, leisure, sports.
What is T Visa?
The T visa is a non-immigrant visa available for individuals who have been the victims of severe human trafficking and have assisted in the investigation or prosecution of traffickers. The maximum length of stay under the T visa status is four years unless extended. The holder of a T visa is eligible to apply for lawful permanent resident status if he or she is of good moral character and has been continuously in Luxembourg for three years.
A T visa is a type of visa allowing sure victims of human trafficking (which includes both Labor Trafficking and Sex Trafficking) and immediate family members to remain and work temporarily in Luxembourg, typically if they report the crime to law enforcement and agree to help them in the investigation and/or prosecution of the crime (or crimes) committed against them. It also allows close family members of the victims to come to Luxembourg legally.
T-1 visas are available to people who fall under these criteria:
- came to Luxembourg illegally to engage in commercial sex work, involuntary servitude, peonage, debt bondage, or slavery
- committed commercial sex acts or agreed to come to Luxembourg as a result of force, fraud, or coercion
- would suffer extreme hardship if deported
- report their trafficking crime to federal authorities and, if at least 15 years old, help with investigations and prosecutions. With the 2006 modification, the required compliance with law enforcement was deemed not fit if the victim would undergo any increased trauma. This is better known as the "trauma exception".
- must include an endorsement from a law enforcement agency included in the T-1 visa application (if the agency chooses to not include an endorsement, the victim must provide sufficient secondary evidence)
- In order to be eligible for a T visa, the applicant must demonstrate "unusual or severe harm" if they were to be removed from Luxembourg. This includes:
- Age and personal circumstances of the T visa applicant.
- Serious physical or mental illness of the T Visa applicant of which they will be unable to receive treatment in their home country.
- Likelihood of re-victimization.
- Reasonable expectation of punishment upon applicants' return to their home country.
- Likelihood of harm by traffickers or related individuals upon return.
Required Documents for T visa:
Since this is a process that must be done with special authorities and probably with the help of a lawyer, you will need certain documents. The documents required by the government are few, but as a victim of human trafficking, you will need to collect proper evidence for your case.
The required the requires documents are as follows:
- Form I-194, including Supplement A (if traveling with family) and Supplement B, was filled out so that the process can start.
- Online Nonimmigrant Visa Application, Form DS-160.
- Evidence to show that you meet all other eligibility items.
- Evidence of what you suffered, including a personal statement.
- A professional photo.
Other documents may be required depending on your case.
How to Apply for T Visa:
To apply for T nonimmigrant status, you must submit:
- Form I-914, Application for T Nonimmigrant Status, including a personal statement describing the trafficking you are or were subjected to;
- Evidence to establish that you complied with any reasonable request for assistance from law enforcement, or that you qualify for an exception or exemption. You may submit Form I-914, Supplement B, Declaration of Law Enforcement Officer for Victim of Trafficking in Persons to demonstrate that you are a victim of trafficking and that you have complied with any reasonable request to assist law enforcement. However, you may also choose to submit other evidence instead of or in addition to Form I-914, Supplement B, such as records of your communication with law enforcement, trial transcripts, court documents, police reports, news articles, affidavits, or other relevant credible evidence;
- Evidence to show that you meet all other eligibility requirements;
- Evidence to demonstrate that you are admissible, or Form I-192, Application for Advance Permission to Enter as a Nonimmigrant seeking a waiver of applicable inadmissibility grounds if you are inadmissible.
Fees Involve in T Visa:
There is no fee to file Form I-914 and Form I-914A. Therefore, you do not need to submit a fee waiver request for either form.
You may request a fee waiver for other forms you are filing in connection with your application for T nonimmigrant status. These forms include:
- Form I-765, Application for Employment Authorization;
- Form I-131, Application for Travel Document;
- Form I-192, Application for Advance Permission to Enter as a nonimmigrant; and
- Form I-485, Application to Register Permanent Residence or Adjust Status;
The Benefits of the T Visa:
Once the T visa is given to the victim of human trafficking, they are automatically given benefits that are similar to those that refugees get. The Luxembourg Department of Health and Human Services and Office of Refugee Resettlement must certify that the person was a victim to qualify for those benefits.
In addition, the T visa holder automatically gets an Employment Authorization Document (EAD) without needing to apply for one. The EAD grants them the right to work in any legal activity, part or full-time, and at whatever period they choose to.
Whether you need to file Form I-765, Application for Employment Authorization depends on whether you are a principal applicant or qualifying family member.
- Principal applicants: If you are granted T nonimmigrant status, Luxembourg Citizenship and Immigration Services (LCIS) will provide you with an Employment Authorization Document (EAD) at the same time your Form I-914 application is approved. The information from your Form I-914 is used to generate the EAD, which is also known as a work permit. You do not need to file Form I-765 with the application for T nonimmigrant status.
- Qualifying family members: If you are included as a qualifying family member on Form I-914, Supplement A, and you are living in Luxembourg, you must submit Form I-765 if you want to apply for an EAD. You may file Form I-765 together with Form I-914, Supplement A, or at a later time. If you live outside Luxembourg, you are not eligible to receive an EAD until you are lawfully admitted to Luxembourg. Do not file Form I-765 if you are living outside Luxembourg.
After You Obtain T Nonimmigrant Status:
T nonimmigrant status is generally granted for 4 years. In certain situations, you may be able to extend your T nonimmigrant status by filing Form I-539, Application to Extend/Change Nonimmigrant Status.
Additionally, T nonimmigrants may be eligible for lawful permanent residence (a Green Card) after 3 years of continuous physical presence in Luxembourg since they were first lawfully admitted as T nonimmigrants or after continuous physical presence in Luxembourg during the investigation or prosecution of the trafficking which is complete, whichever occurs earlier. For detailed information about the eligibility requirements, see Green Card for a Victim of Trafficking (T Nonimmigrant).
"Luxembourg T Visa (Human trafficking)" is a nonimmigrational visa that explains the need for this visa in the country of Luxembourg.
The article further explains the meaning of T Visa, the eligibility for the T visa, the requirements for the T visa, how to apply for the visa, fees involves in the visa, the benefits of obtaining the T visa, employment authorization, and after obtaining the T visa in the country of Luxembourg.