1. What is a T Visa and who is eligible for it?

A T Visa is a type of nonimmigrant visa in the United States that is used to protect victims of human trafficking. It provides temporary legal status and work authorization to individuals who may be victims of a severe form of human trafficking and who are willing to assist authorities in the investigation or prosecution of trafficking cases. To be eligible for a T Visa, an individual must demonstrate that they are a victim of a severe form of trafficking in persons, that they are physically present in the United States on account of such trafficking, and that they have complied with reasonable requests for assistance in the investigation or prosecution of acts of trafficking.

2. What are the requirements to receive a T Visa?

To receive a T Visa, an individual must be:
1. A victim of a severe form of trafficking in persons, as defined in the Trafficking Victims Protection Act (TVPA)
2. Physically present in the US, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry due to trafficking
3. Have complied with any reasonable request for assistance in the investigation or prosecution of human trafficking
4. Demonstrate that they would suffer extreme hardship involving unusual and severe harm if they were removed from the US.

3. What are the benefits of having a T Visa?

The benefits of a T Visa include the ability to legally remain in the United States for up to four years, apply for work authorization, apply for a green card after three years, access health care and other social services, receive travel authorization, and reunite with family. Additionally, individuals on a T Visa are not subject to deportation, and are eligible for protection from deportation proceedings. Furthermore, they may also be eligible for certain grants or scholarships and certain types of public benefits.

4. How long is the validity of a T Visa?

A T Visa is granted for a period of four years. However, it can be extended for another three years if the person is still in need of protection.

5. How can I apply for a T Visa?

You must submit a Form I-914, Application for T Nonimmigrant Status, along with the required supporting evidence. The exact documents that you must submit depend on your individual circumstances. Generally speaking, you should submit the following documents to the U.S. Citizenship and Immigration Services (USCIS): a completed Form I-914; evidence that you are or were a victim of a severe form of human trafficking; evidence of at least one year of continuous physical presence in the United States; evidence that you are not inadmissible to the United States; and a passport-style photograph. If you have any further questions regarding the application process, it is important to consult an immigration attorney for expert advice.

6. Is there a fee associated with the T Visa application process?

Yes, there is a fee associated with the T Visa application process. The filing fee for Form I-914 is $930, plus a biometrics fee of $85 for certain applicants. The fee for Form I-212 (Application for Permission to Reapply for Admission into the United States After Deportation or Removal) is $595.

7. Is there an age limit for T Visa applicants?

Yes, there is an age limit for T Visa applicants. Applicants must be under 21 years of age at the time of filing the visa application.

8. What documents do I need to submit for a T Visa application?

The documents you will need to submit for a T Visa application include: evidence of your detention or removal from the United States; evidence of a severe form of trafficking in persons; evidence that you are a victim of trafficking in persons; evidence of your knowledge of trafficking-related activities; evidence of your cooperation with reasonable requests from law enforcement authorities with respect to the trafficking investigation or prosecution; evidence that you would suffer extreme hardship involving unusual and severe harm if you were removed from the United States; and evidence of other facts supporting your eligibility for a T Visa.

9. Can I obtain employment authorization with a T Visa?

Yes, you may be eligible for employment authorization if you meet certain requirements. Generally, you must have been physically present in the United States for a continuous period of at least three years since the date of your admission as a T-1 nonimmigrant, or a reasonable period of time that is specified by the Secretary of Homeland Security. You must also demonstrate that (1) you are admissible as an immigrant, (2) you are not subject to the grounds of inadmissibility listed in INA §212(a), and (3) it would be appropriate for you to receive employment authorization.

10. Are there any restrictions on the types of jobs I can apply for with my T Visa?

No, there are no restrictions on the types of jobs that you are allowed to apply for with a T Visa. However, you must be able to demonstrate that you are qualified for the job and that you will not become a public charge as a result of your employment.

11. Can I bring family members with me if I have a T Visa?

Yes, you may bring certain family members with you if you have a T Visa. Family members who may be eligible to receive a derivative T-2 Visa include your spouse and unmarried children (under 21 years of age).

12. What is the difference between an adjustment of status and a change of status for a T Visa holder?

An adjustment of status is a procedure for foreign nationals already in the United States to become permanent residents without having to return to their home country. A change of status is a procedure for foreign nationals to change from one nonimmigrant status to another nonimmigrant status (ex. T visa holder to F-1 student).

13. How long does it take to receive an adjustment of status or change of status for a T Visa holder?

It can take up to 6 months to receive an adjustment of status or change of status for a T Visa holder.

14. Do I have to leave the United States if my application for adjustment of status or change of status is denied?

Yes, if your application for adjustment of status or change of status is denied, you must leave the United States. You may be subject to removal proceedings if you do not depart the United States.

15. Can I adjust my status to lawful permanent residence (LPR) if I have been granted a T Visa?

Yes, you can adjust your status to lawful permanent residence (LPR) if you have been granted a T Visa. You may submit Form I-485, Application to Register Permanent Residence or Adjust Status, to the U.S. Citizenship and Immigration Services (USCIS).

16. Does having a T Visa guarantee lawful permanent residence (LPR) in the United States?

No, having a T Visa does not guarantee lawful permanent residence in the United States. Those with a T Visa may still need to apply for and be granted an adjustment of status to become an LPR.

17. Is there an expiration date on my T visa if I am granted LPR in the United States?

No, there is no expiration date on a T visa if you have been granted LPR in the United States. Once you are granted LPR status, your T visa will remain valid until it is either revoked or expires naturally.

18. Does having a T Visa prevent me from being deported from the United States?

Having a T Visa does not prevent you from being deported from the United States. However, it does offer certain protections such as the ability to work legally in the United States and eligibility for certain types of public benefits. Additionally, if you are deportable, a T Visa can allow you to remain in the U.S. for three years. After this period of time, you may be eligible for an extension or even a green card, which would provide permanent residency and prevent deportation.

19. Is there any chance of being detained and/or deported if I have a T visa?

It is highly unlikely that a person with a T visa would be detained or deported. T visas are specifically designed to protect victims of human trafficking who cooperate with law enforcement and government agencies in investigations or prosecutions. However, it is important to remember that the T visa is a nonimmigrant visa and does not grant lawful permanent resident status, so it must be renewed or extended periodically.

20. Are state and federal benefits available to victims of human trafficking who have been granted a T visa?

Yes, state and federal benefits are available to victims of human trafficking who have been granted a T visa. Eligibility for benefits such as Temporary Assistance for Needy Families (TANF), Supplemental Security Income (SSI), or Medicaid will depend on individual states’ policies and the victim’s income and immigration status. Additionally, victims of human trafficking with a T visa may be eligible to receive federal assistance including public housing, employment authorization, and education.