Active Criminal Investigations in T Visa Cases

What happens if my client’s case triggers an investigation?

If reporting the trafficking triggers an interview or investigation, it means that the client will need assistance with victims’ rights advocacy. If you are assisting your client with reporting, you will need to be prepared that the client may need assistance with enforcement of their rights. This means assisting the client in enforcing statutory or constitutional victims’ rights such as the right to fairness and respect, privacy, and notice.

For example, if your client has to participate in an interview, as their attorney, you would need to accompany them to the interview to make sure that the client's statements are consistent, that their safety and privacy is enforced (e.g., redacted name or pseudonym in police reports, criminal protective orders if necessary), and that the client’s compliance with reasonable law enforcement requests is documented. If the case moves beyond the interview phase, the client may also need additional assistance with notice of future criminal hearings or of the release of their perpetrator from jail, among other victims' rights needs.

For more information on Victims’ Rights Advocacy, please review these additional resources:

  • NCVLI Fundamentals of Victims’ Rights
  • CAST Victims’ Rights e-learning course
    • Part 1: Intro to Victims’ Rights and how to enforce during the reporting phase
    • Part 2: Asserting rights during criminal prosecution
    • Part 3: Restitution and victims compensation