Surviving Trafficking: A Survivor’s Immigration Story
By: Flaviano Graciano / Communications Manager
Josefina (pseudonym) survived human trafficking more than 15 years ago. With NMILC’s help, she obtained her T Visa this year. T Visas are a form of humanitarian relief available to survivors of labor or sex trafficking. A final decision can take anywhere from 19 to 40 months to be rendered. Under the previous administration, T Visa petitions were systematically denied when the victimization occurred more than 5 years prior to the application being filed, despite the law not having a time limit.
Josefina came to the United States in the early 2000s to escape gender-based violence in her home country. Upon crossing the border, she was apprehended by Border Patrol and released after a few days. Immigration officials left her at a bus stop without money, extra clothing, or directions. After a day or two, a woman befriended Josefina and promised to help her get clothes and food. Josefina was happy to see a friendly person who also spoke her language.
The woman, however, took her back to a house where she was held captive and brutally subjected to sex trafficking. After some time, the woman abandoned her in the countryside. Josefina was found by a couple of very kind people who helped her reunite with her family. She later met her spouse and established a family. They lived happily for years until she and her spouse were detained during a surprise ICE raid. Josefina was released to take care of her minor child, but her spouse was held in ICE custody during his removal proceedings.
Josefina came to NMILC for legal assistance for her spouse and herself. Two NMILC attorneys represented Josefina in her petition for a T Visa before the immigration court. While her T Visa application was pending, Josefina and her family underwent difficult times. Her spouse remained detained until he was deported to his home country, where he ultimately passed away from health complications that were left untreated while in ICE custody.
Josefina’s T Visa was approved after 20 months, giving her legal status and a work permit to help make ends meet for her children. The T Visa approval also provided a basis to terminate her removal proceedings.
Flaviano Graciano is the Communications Manager at the New Mexico Immigrant Law Center.
Edited & Posted July 8, 2022 by Flaviano Graciano, Communications Manager