Asylum (S) Visa

The S visa is a non-immigrant visa category that allows individuals who are victims of severe forms of trafficking in persons or who have provided assistance to law enforcement in the investigation or prosecution of such trafficking to remain in the United States. Here are key aspects of the S Visa:

• Eligibility: The S visa is available to individuals who have been victims of severe forms of trafficking in persons, including both sex trafficking and labor trafficking, and who are willing to assist law enforcement in the investigation or prosecution of trafficking crimes.
• Law Enforcement Certification: To apply for an S visa, individuals must obtain certification from law enforcement agencies confirming their cooperation in the investigation or prosecution of trafficking crimes.
• Derivative Benefits: Immediate family members of S visa holders, including spouses, children, and parents, may be eligible for derivative S visas to accompany or join the principal applicant in the United States.
• Duration: S visas are initially granted for up to three years, with the possibility of extensions in certain circumstances. Visa holders may also apply for lawful permanent residency (green card) after meeting eligibility requirements.
• Work Authorization: S visa holders are eligible to work in the United States and may apply for employment authorization documents (EADs) to legally work during their stay.
• Protection and Support Services: S visa holders may access protection and support services provided by government agencies, non-profit organizations, and victim assistance programs to help them recover from trafficking experiences and rebuild their lives.
• Path to Permanent Residency: After being present in the United States for three years and meeting other eligibility criteria, S visa holders may apply for lawful permanent residency (green card) through the adjustment of status process.
• Confidentiality and Safety: Measures are in place to protect the confidentiality and safety of S visa applicants and beneficiaries, including safeguards against retaliation or retribution by traffickers.
• Humanitarian Relief: The S visa program provides a pathway for victims of trafficking to seek humanitarian relief and protection in the United States, allowing them to rebuild their lives free from exploitation and abuse.

Navigating the S visa process requires cooperation with law enforcement agencies, documentation of trafficking experiences, and compliance with visa application requirements. Victims of trafficking seeking assistance should contact law enforcement authorities or victim service organizations for guidance and support.