The Categories of Luxembourg T Visa

Their staying and working are allowed if they help in the law enforcement of the country by testifying against the criminals or perpetrators. Keep reading below for further information about each one of them. Apart from that, you will also have an outline of the T5 visa.

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.

About Luxembourg:

Luxembourg is conveniently placed between Germany, Belgium, and France in the heart of Europe. Luxembourg is accessible from numerous European locations due to its extensive road network, air connections from its international airport, and rail connections (such as the TGV from Paris).

Its central location has historically made it of great strategic importance to numerous powers, dating back to its establishment as a Roman fortress, its hosting of an essential Frankish castle in 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, with more than a third of the population holding a passport from another country. Luxembourg is home to over 150 distinct nationalities, including Portuguese, French, Italians, Belgians, and Germans, among others.

The linguistic structure of the country is based on the use of three languages: Luxembourgish, the national language, French and German (the administrative languages), and English, which is widely spoken. Luxembourg City is less than half an hour away from France, Belgium, and Germany due to its location. This astonishing mix of nationalities and cultures is reflected in all aspects of Luxembourg society, including language use, cuisine, the arts, leisure, and sports.

What is a Visa?

A visa is conditional permission granted by a government to a foreigner to enter, remain within, or depart its territory. Visas typically impose restrictions on the length of the foreigner's stay, the areas of the country they may enter, the dates they may enter, the number of permitted visits, and whether or not the individual may work in the country in question. Visas are associated with the request for permission to enter a territory and are, therefore, distinct from formal permission for an alien to enter and remain in a country in the majority of nations.

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 certain victims of human trafficking (which includes both Labor Trafficking and Sex Trafficking) and immediate family members to remain and work temporarily in the United States, typically if they report the crime to law enforcement, and agree to help them in the investigation or prosecution of the crime (or crimes) committed against them. It also allows close family members of the victims to come to Luxembourg legally.

Eligibility for T visa:

The T visa in Luxembourg is given to those who fall in the following criteria:

1. Their entry into Luxembourg was illegal, and their purpose of coming was to be a part of commercial sex work, peonage, unwilling servitude, debt bondage, or slavery.
2. They have been involved in commercial sexual activities or accepted to come to the country by force, coercion, or fraud.
3. The individual will have severe hardship if deported to their home country.
4. They will report their trafficking crime to the federal authorities for investigation and, if aged 15, provide assistance in prosecutions and investigations. Due to the 2020 modification, the necessary obeying of law enforcement was considered unfit if it would increase the traumatized condition of the victim also known as the “trauma exception”.
5. They are recommended by a law enforcement agency, and the endorsement must be consistent in their application (if the agency doesn’t include an endorsement, the traumatized person has to give sufficient secondary proof).

Required Documents for Luxembourg 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.

These are the required documents for these types of T visa:

1. Form I-194, including Supplement A (if traveling with family) and Supplement B, was filled out so that the process can start.
2. Online Nonimmigrant Visa Application, Form DS-160.
3. Evidence to show that you meet all other eligibility items.
4. Evidence of what you suffered, including a personal statement.
5. A professional photo.
   Other documents may be required depending on your case.

Types of Luxembourg T Visa:

The types of Luxembourg T visa are as follow:
T1 visa
T2 visa
T3 visa
T4 visa
T5 visa
However, those that qualify for all these types of Luxembourg T visa, as well as the meaning, are summerise thus:

What is a T1 visa?

The T1 Luxembourg visa is the type of T visa mainly for those entering into Luxembourg illegally, and their purpose of entering was to be a part of commercial sex work, peonage, unwilling servitude, debt bondage, or slavery.

What is Luxembourg T2 Visa?

The Luxembourg T2 visa is issued to the spouse of a human trafficking, illegal sex trade, or forced labor victim who possesses the T1 visa. The T1 visa holder has to apply for this visa. However, the eligibility requirements are almost the same as the T1 Visa above.

What is a Luxembourg T3 visa:

A T3 visa is for children that have at least one parent who holds a T1 visa. The T1 visa is a special kind of Luxembourg visa that is available to victims of human trafficking. It is related to the T2 visa, which can be held by the spouse of a T1 holder.

The first step to securing a T3 for your children is the approval of your T1.

What is Luxembourg T4 visa?

This type of visa is of the category of T visa, the T4 visa is issued to a parent of those who holds the T1 visa in the country of Luxembourg.

What is a T5 visa:

This is also one of the categories of T visa in the country of Luxembourg, the T5 visa is for the unmarried sibling (brother or sister) of the T1 visa holder in Luxembourg.

How to Apply for T Visa:

To apply for T1 Luxembourg visa types, is still the same procedures and the documents required for these types are almost the same, in all, for nonimmigrant status, applying for any of these types of T visa, you must submit the following:

1. Form I-914, Application for T Nonimmigrant Status, including a personal statement describing the trafficking you are or were subjected to;
2. 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;
3. Evidence to show that you meet all other eligibility requirements;
4. 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.

The Benefits of obtaining any of the T Visa Types:

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.

Employment Authorization  in Luxembourg:

Whether you need to file Form I-765, Application for Employment Authorization depends on whether you are a principal applicant or qualifying family member.

1. 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.
2. 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:

The duration of T nonimmigrant status is typically four years. Form I-539, Application to Extend/Change Nonimmigrant Status, may be used in certain situations to extend your T nonimmigrant status.

Moreover, T nonimmigrants may be eligible for lawful permanent residence (a Green Card) after three years of continuous physical presence in Luxembourg since they were first lawfully admitted as T nonimmigrants or after three years of continuous physical presence in Luxembourg during the investigation or prosecution of the trafficking, whichever comes first. Refer to Green Card for a Victim of Trafficking for detailed information about eligibility requirements (T Nonimmigrant).

Conclusion:

"The Categories of Luxembourg T Visa" is an article that categorizes Luxembourg T visa into five types.

The article further explains the meaning of visa, the meaning of T Visa, the types of Luxembourg T visa, the eligibility for these categories of T visa, the requirements for these categories of T visa, how to apply for the visa, the benefits of obtaining the visa, employment authorization, and after obtaining the T visa in the country of Luxembourg.