1. How do I apply for a T visa?

To apply for a T visa, you must submit Form I-914, Application for T Nonimmigrant Status. You must also provide supporting documents that demonstrate that:

1. You are or were a victim of a severe form of human trafficking;
2. You are physically present in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry due to trafficking;
3. You comply with any reasonable request for assistance in the investigation or prosecution of acts of trafficking; and
4. You would suffer extreme hardship involving unusual and severe harm if you were removed from the United States.

2. Is there a fee to apply for a T visa?

Yes, there is a fee to apply for a T visa. The application fee is $945 for an adult, $745 for a child under 14 years of age, and $400 for a child under 21 years of age.

3. Who is eligible to apply for a T visa?

Individuals who have been or are currently victims of human trafficking may be eligible for a T visa. To qualify, they must demonstrate that they were trafficked into the US, are willing to cooperate with law enforcement in the investigation and prosecution of human trafficking, and that they would suffer extreme hardship if removed from the US. Additionally, the individual must have been physically present in the US for at least three years prior to the application.

4. How long is the validity period of a T visa?

The validity period of a T visa is usually four years from the date of issuance. However, the validity period may vary depending on the circumstances.

5. Do I need to be physically present in the US to apply for a T visa?

No, you do not need to be physically present in the US to apply for a T visa. You can apply for the visa from your home country, and if approved, you will be able to travel to the US to receive the visa and begin your stay.

6. What kind of evidence is needed to prove eligibility for a T visa?

In order to qualify for a T visa, applicants must provide evidence that they are victims of a severe form of trafficking in persons and are currently in the United States or at a port of entry due to trafficking. Such evidence may include police reports, medical records, affidavits from people with knowledge about the trafficking situation, and/or records from government agencies or legal service providers.

7. Are there any restrictions on who can act as an informant for the T visa application?

No, there are no restrictions on who can act as an informant for the T visa application. Any person, including family members or friends, who has first-hand knowledge of the trafficking or exploitation of the applicant may be considered as an informant.

8. What benefits are available to T visa holders?

T visa holders are eligible for certain benefits, including: deferred action status, legal permanent residence (green card) after three years, work authorization, travel authorization, access to public benefits, and some forms of relief from deportation. Additionally, they may be eligible to apply for other forms of immigration relief (such as cancellation of removal or asylum). T visa holders are also eligible for special protections and services from the Department of Health and Human Services Office for Victims of Crime. These protections and services include access to counseling, medical assistance, and judicial and administrative advocacy services.

9. How long after receiving the T visa can I apply for permanent residency?

You can apply for permanent residency (green card) after three years in the US on the T visa.

10. Can I bring family members with me when I travel on a T visa?

Yes, you can bring eligible family members with you when you travel on a T visa. Eligible family members include your spouse or unmarried children under 21 years of age. To bring your family members with you, they must have a Form I-797C, Notice of Action, showing that they have been granted derivative T status.

11. Are there any restrictions on employment for T visa holders?

T visa holders may only work for the employer named on their T visa petition. They must also not work in any occupation that would affect public safety or national security. T visa holders cannot work for any employer who has not completed the proper employment authorization process.

12. What if I don’t meet the eligibility requirements for a T visa?

If you do not meet the eligibility requirements for a T visa, you may be eligible for other types of immigration relief, such as asylum or a U visa. You should consult with an experienced immigration attorney to determine your best options.

13. Can I travel outside the US while my T visa application is being processed?

Yes, you may travel outside the US while your T visa application is being processed, but it is important to talk to an immigration attorney about the possible consequences of traveling before your application is approved.

14. Are there other types of visas available to victims of trafficking besides the T visa?

Yes, other types of visas are available to victims of trafficking, such as the U visa, the Continued Presence Program, and the Special Immigrant Juvenile Status (SIJS) visa. Additionally, some countries may also offer special immigration relief programs for survivors of human trafficking.

15. Can I apply for a green card while I have a valid T visa?

Yes, you can apply for a green card while in possession of a valid T visa. However, you cannot file a green card application until you have been in the United States for at least three years since the initial T visa was issued.

16. Can I apply for asylum if I am already holding a valid T Visa?

Yes, you may be eligible to apply for asylum if you are already holding a valid T visa. Depending on your individual circumstances, you may be able to file an application for asylum with U.S. Citizenship and Immigration Services (USCIS). However, it is important to note that seeking asylum in the United States is a complex process and requires an in-depth understanding of U.S. immigration law. Therefore, it is highly recommended that you consult with an experienced immigration attorney to discuss your individual case and determine the best course of action.

17. Does having a criminal record disqualify me from obtaining a T Visa?

No. Having a criminal record does not disqualify you from obtaining a T Visa. However, it may affect your eligibility depending on the type and severity of the crime.

18. Do I need to continue to cooperate with law enforcement after obtaining the T Visa in order to maintain my status?

Yes. You must continue to cooperate with law enforcement in order to maintain your T Visa status. Failure to do so could result in the revocation of your T Visa.

19. Are there any limitations on how long the T Visa may be renewed?

Yes. The T Visa can typically be renewed for up to four years, provided that the requirements for renewal are met. After that, the T Visa holder may be eligible to apply for a green card.

20. Is there any way to expedite the processing of my T Visa application?

No, the processing time for T Visa applications depend on a variety of factors that are out of the applicant’s control. However, applicants must ensure that their application is as thorough and complete as possible in order to avoid any unnecessary processing delays.