Hundreds of workers pay substantial sums for the opportunity
to work in the United States. After doling out all this money, however, many
claim they have fallen victim to human trafficking. What if the immigration
status of a worker who claims to be a victim of human trafficking has already
expired? Can he or she seek relief? The simple answer is yes. Human trafficking
is defined broadly to include not just sexual exploitation but also the
recruitment, transportation, harboring or obtaining of a person for labor or
services through the use of force, fraud or coercion for the purpose of
subjection to involuntary servitude, debt bondage or slavery. Thousands of men,
women and children are trafficked each year in different countries, and
shocking as it may be, the United States is included. Trafficking victims are
assigned to jobs in agriculture, domestic services, janitorial services, hotel
services, construction, health and elder care. Recently, even Filipino teachers
who enter on professional working visas claim to have been victims of human
trafficking. When an individual finds that he does not have the job promised to
him, he will eventually fall out of status when the working visa expires. This
can be daunting especially when one is in an unfamiliar environment. The US
Citizenship and Immigration Services may grant the “T” (trafficking) visa or
“U” (victim of crime) visa to those who can prove that they were victims of a
severe form of trafficking. If an individual is granted the T visa, they will
be allowed to stay in the country for three years with work authorization.
During this time, the individual must meet certain conditions: they must: (1)
maintain continuous physical presence in the US; (2) remain in good moral
character; (3) demonstrate that he will suffer extreme hardship involving
unusual or severe harm if he is removed and (4) cooperate with the authorities
when his assistance is requested in the prosecution of his oppressors. Many
Overseas Filipino Workers (OFWs) find themselves to be victims of human
trafficking and yet are afraid to approach legal authorities for fear of
deportation. Kevin was one of them. To read more about his story, read the full
account linked below.
Full account available at