T-1 Visa
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T-1 Visa
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 and/or prosecution of the crime (or crimes) committed against them. It also allows close family members of the victims to come to the United States legally. Background The United States government estimated in 2002 that each year up to 50,000 people are trafficked illegally into the United States, mostly women and children, and are trapped in slavery-like situations. As a response, it enacted the Victims of Trafficking and Violence Protection Act of 2000 (VTVPA), which, among other things, allows such people to apply for three-year temporary visas that lead to permanent resident status. In 2006, Congress modified 8 CFR 214.11(p) to now have the T-visa to be for four yea ...
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Visa (document)
A visa (from the Latin ''charta visa'', meaning "paper that has been seen") is a conditional authorization granted by a polity to a foreigner that allows them to enter, remain within, or leave its territory. Visas typically include limits on the duration of the foreigner's stay, areas within the country they may enter, the dates they may enter, the number of permitted visits, or if the individual has the ability to work in the country in question. Visas are associated with the request for permission to enter a territory and thus are, in most countries, distinct from actual formal permission for an alien to enter and remain in the country. In each instance, a visa is subject to entry permission by an immigration official at the time of actual entry and can be revoked at any time. Visa evidence most commonly takes the form of a sticker endorsed in the applicant's passport or other travel document but may also exist electronically. Some countries no longer issue physical visa evi ...
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Human Trafficking
Human trafficking is the trade of humans for the purpose of forced labour, sexual slavery, or commercial sexual exploitation for the trafficker or others. This may encompass providing a spouse in the context of forced marriage, or the extraction of organs or tissues, including for surrogacy and ova removal. Human trafficking can occur within a country or trans-nationally. Human trafficking is a crime against the person because of the violation of the victim's rights of movement through coercion and because of their commercial exploitation. Human trafficking is the trade in people, especially women and children, and does not necessarily involve the movement of the person from one place to another. People smuggling (also called ''human smuggling'' and ''migrant smuggling'') is a related practice which is characterized by the consent of the person being smuggled. Smuggling situations can descend into human trafficking through coercion and exploitation. Trafficked people are hel ...
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United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americ ...
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Law Enforcement Agency
A law enforcement agency (LEA) is any government agency responsible for the enforcement of the laws. Jurisdiction LEAs which have their ability to apply their powers restricted in some way are said to operate within a jurisdiction. LEAs will have some form of geographic restriction on their ability to apply their powers. The LEA might be able to apply its powers within a country, for example the United States of America's Bureau of Alcohol, Tobacco, Firearms and Explosives or its Drug Enforcement Administration; within a division of a country, for example the Australian state Queensland Police; or across a collection of countries, for example international organizations such as Interpol, or the European Union's Europol. LEAs which operate across a collection of countries tend to assist in law enforcement activities, rather than directly enforcing laws, by facilitating the sharing of information necessary for law enforcement between LEAs within those countries, for exa ...
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Victims Of Trafficking And Violence Protection Act Of 2000
The Victims of Trafficking and Violence Protection Act of 2000 (TVPA) is a federal statute passed into law in 2000 by the U.S. Congress and signed by President Clinton. The law was later reauthorized by presidents Bush, Obama, and Trump. In addition to its applicability to US citizens, it has the ability to authorize protections for undocumented immigrants who are victims of severe forms of trafficking and violence. History The Trafficking Victims Protection Act was subsequently renewed in 2003, 2006, 2008 (when it was renamed the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008). The law lapsed in 2011. In 2013, the entirety of the Trafficking Victims Protection was attached as an amendment to the Violence Against Women Act and passed. There are two stipulations an applicant has to meet in order to receive the benefits of the T-Visa. First, a victim of trafficking must prove/admit to being a victim of a severe form of trafficking and second must be ...
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Permanent Resident
Permanent residency is a person's legal resident status in a country or territory of which such person is not a citizen but where they have the right to reside on a permanent basis. This is usually for a permanent period; a person with such legal status is known as a permanent resident. In the United States, such a person is referred to as a green card holder but more formally as a Lawful Permanent Resident (LPR). Permanent residency itself is distinct from right of abode, which waives immigration control for such persons. Persons having permanent residency still require immigration control if they do not have right of abode. However, a right of abode automatically grants people permanent residency. This status also gives work permit in most cases. In many Western countries, the status of permanent resident confers a right of abode upon the holder despite not being a citizen of the particular country. Nations with permanent residency systems Not every nation allows perma ...
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Sex Work
Sex work is "the exchange of sexual services, performances, or products for material compensation. It includes activities of direct physical contact between buyers and sellers as well as indirect sexual stimulation". Sex work only refers to voluntary sexual transactions; thus the term does not refer to human trafficking and other coerced or nonconsensual sexual transactions such as child prostitution. The transaction must take place between consenting adults who are of the legal age and mental capacity to consent and must take place without any methods of coercion, other than payment. The term emphasizes the labor and economic implications of this type of work. Furthermore, some prefer the use of the term because it grants more agency to the sellers of these services. Due to the legal status of some forms of sex work and the stigma associated with sex work, the population is difficult to access; thus there has been relatively little academic research done on the topic. Further ...
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Involuntary Servitude
Involuntary servitude or involuntary slavery is a legal and constitutional term for a person laboring against that person's will to benefit another, under some form of coercion, to which it may constitute slavery. While laboring to benefit another occurs also in the condition of slavery, involuntary servitude does not necessarily connote the complete lack of freedom experienced in chattel slavery; involuntary servitude may also refer to other forms of unfree labor. Involuntary servitude is not dependent upon compensation or its amount. Jurisdictions Malaysia The Constitution of Malaysia, Part II, article 6, states: # No person shall be held in slavery. #All forms of forced labour are prohibited, but Parliament may by law provide for compulsory service for national purposes. #Work incidental to the serving of a sentence of imprisonment imposed by a court of law shall not be taken to be forced labour within the meaning of this Article. #Where by any written law the whole or any part ...
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Peonage
Peon (English language, English , from the Spanish language, Spanish ''wikt:peón#Spanish, peón'' ) usually refers to a person subject to peonage: any form of wage labor, financial exploitation, coercive economic practice, or policy in which the victim or a laborer (peon) has little control over employment or economic conditions. Peon and peonage can refer to both the History of Latin America#Colonial Era, colonial period and post-colonial period of Latin America, as well as the period after the end of slavery in the United States, when "Black Codes (United States), Black Codes" were passed to retain African-American freedmen as labor through other means. Usage In English, ''peon'' (Doublet (linguistics), doublet of ''Pawn (chess), pawn'') and ''peonage'' have meanings related to their Spanish etymology (foot soldier); a ''peon'' may be defined as a person with little authority, often assigned unskilled tasks; an underling or any person subjected to capricious or unreasonable Re ...
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Debt Bondage
Debt bondage, also known as debt slavery, bonded labour, or peonage, is the pledge of a person's services as security for the repayment for a debt or other obligation. Where the terms of the repayment are not clearly or reasonably stated, the person who holds the debt has thus some control over the laborer, whose freedom depends on the undefined debt repayment. The services required to repay the debt may be undefined, and the services' duration may be undefined, thus allowing the person supposedly owed the debt to demand services indefinitely. Debt bondage can be passed on from generation to generation. Currently, debt bondage is the most common method of enslavement with an estimated 8.1 million people bonded to labour illegally as cited by the International Labour Organization in 2005. Debt bondage has been described by the United Nations as a form of "modern day slavery" and the Supplementary Convention on the Abolition of Slavery seeks to abolish the practice.Article 1(a) of ...
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Slavery
Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perform some form of work while also having their location or residence dictated by the enslaver. Many historical cases of enslavement occurred as a result of breaking the law, becoming indebted, or suffering a military defeat; other forms of slavery were instituted along demographic lines such as race. Slaves may be kept in bondage for life or for a fixed period of time, after which they would be granted freedom. Although slavery is usually involuntary and involves coercion, there are also cases where people voluntarily enter into slavery to pay a debt or earn money due to poverty. In the course of human history, slavery was a typical feature of civilization, and was legal in most societies, but it is now outlawed in most countries of the w ...
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Coercion
Coercion () is compelling a party to act in an involuntary manner by the use of threats, including threats to use force against a party. It involves a set of forceful actions which violate the free will of an individual in order to induce a desired response. These actions may include extortion, blackmail, or even torture and sexual assault. For example, a bully may demand lunch money from a student where refusal results in the student getting beaten. In common law systems, the act of violating a law while under coercion is codified as a duress crime. Coercion can be used as leverage to force the victim to act in a way contrary to their own interests. Coercion can involve not only the infliction of bodily harm, but also psychological abuse (the latter intended to enhance the perceived credibility of the threat). The threat of further harm may also lead to the acquiescence of the person being coerced. The concepts of coercion and persuasion are similar, but various factors ...
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