T Visa Sample Cover Letter (Page 5 of 9) in pdf

T Visa Sample Cover Letter – Domestic Servitude

Fraud consists of “anything calculated to deceive, including all acts, omissions, and

concealments involving a breach of legal or equitable duty, trust, or confidence justly reposed,

resulting in damage to another.”

In this case, Ms. TRAFFICKER committed fraud against

Ms. CLIENT. She induced Ms. CLIENT to come to the U.S. with false promises of obtaining

medical care and of a dignified job.

Ms. CLIENT, who was content with her life in COUNTRY and unsure as to whether she

wanted to travel all the way to the U.S., decided to accept the job with Ms. TRAFFICKER due to

the opportunity to receive medical care for her uterine myoma. Tab 4, Declaration of CLIENTa

CLIENT ¶ 16; see also Tab 9, Medical Note. Prior to departing for the U.S., Ms. CLIENT and

Ms. TRAFFICKER entered into a written agreement which promised Ms. CLIENT $240 per

week for 40 hours per week of work, and Ms. TRAFFICKER explained to Ms. CLIENT that her

only job would be caring for her twin teenage sons. See Tab 4, Declaration of CLIENT ¶ 20.

Unfortunately, the contract between Ms. TRAFFICKER and Ms. CLIENT turned out to

be nothing more than a series of false promises. When Ms. CLIENT arrived in the U.S., she

immediately saw that things were not as she expected. Ms. TRAFFICKER made Ms. CLIENT a

virtual prisoner in the home, in which she worked six to seven days per week, 15 to 18 hours per

day, and earned only $850 per month. Ms. CLIENT explains that she was “never given time to

rest” during that period, nor was she allowed to leave the house unescorted for the first eight

months that she lived in Ms. TRAFFICKER’ house. Moreover, the medical care that she had

been promised was non-existent. Through these actions, Ms. TRAFFICKER committed fraud

against Ms. CLIENT by deceiving her with false promises, breaching her legal duties to Ms.

CLIENT, and causing her enormous harm.

Additionally, by sponsoring Ms. CLIENT for an A3 visa and then ignoring the terms of

the visa privilege, Ms. TRAFFICKER committed a fraud against the U.S. government.

Diplomats may apply to bring servants with them to the U.S., but they must provide a written

contract that complies with state and federal labor laws. See Tab 13: Information on A3 Visa

Privileges. Ms. CLIENT’ contract promised her a reasonable 40 hour workweek plus overtime,

vacation, and sick days. Tab 8, Employment Contract. However, Ms. TRAFFICKER violated

both the contract and state and federal minimum wage laws in violations of her assurances to the

U.S. Government. In doing so, she committed fraud against the U.S. Government.

B. Involuntary Servitude

Ms. CLIENT was a victim of involuntary servitude during the time that she worked for

Ms. TRAFFICKER. Involuntary servitude “includes a condition of servitude induced by means

of (A) any scheme, plan, or pattern intended to cause a person to believe that, if the person did

not enter into or continue in such condition, that person or another person would suffer serious

harm or physical restraint; or (B) the abuse or threatened abuse of the legal process.” 22 U.S.C.

§ 7102(5). Ms. CLIENT was a victim of involuntary servitude because Ms. TRAFFICKER

37 Am Jur 2d FRAUD AND DECEIT § 1.

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T Visa Sample Cover Letter Page 5