<本文轉引用自王寶鑑老師部落格>
美國政府針對人口販運被害人或其他犯罪被害人之相關協助機制,主要為T簽證(T nonimmigrant status,T Visa)與U簽證(U nonimmigrant status,U Visa)。
(一)T簽證[1]
1、意涵:T Nonimmigrant Status (T Visa) is set aside for those who are or have been victims of human trafficking and are willing to assist law enforcement in the investigation or prosecution of acts of trafficking.
2、適用條件:To qualify for T nonimmigrant status you must: (1)Be or have been a victim of severe trafficking in persons. (2)Be physically present in the United States, American Samoa, or the Commonwealth of the Northern Mariana Islands, or at a port of entry on account of trafficking. (3)Comply with any reasonable request from a law enforcement agency for assistance in the investigation or prosecution of human trafficking. (4)Demonstrate that you would suffer extreme hardship involving severe and unusual harm if you were removed from the United States.
(二)U簽證[2]
1、意涵:The U nonimmigrant status (U visa) is set aside for victims of crimes who have suffered substantial mental or physical abuse and are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity.
2、適用條件:There are four statutory eligibility requirements. The individual must:(1)The individual must have suffered substantial physical or mental abuse as a result of having been a victim of a qualifying criminal activity. (2)The individual must have information concerning that criminal activity. (3)The individual must have been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of the crime. (4)The criminal activity violated U.S. laws.
3、犯罪被害人所受犯罪之態樣
Qualifying criminal activity is defined as being an activity involving one or more activities that violate U.S. criminal law, including
Abduction Abusive Sexual Contact Blackmail Domestic Violence Extortion False Imprisonment Genital Female Mutilation Felonious Assault |
Hostage Incest Involuntary Servitude Kidnapping Manslaughter Murder Obstruction of Justice Peonage Perjury Prostitution Rape |
Sexual Assault Sexual Exploitation Slave Trader Torture Trafficking Witness Tampering Unlawful Criminal Restraint Other Related Crimes |
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