1. What is a T visa and how do I apply for one?

A T visa is a nonimmigrant visa that allows certain victims of human trafficking to remain and work in the United States for up to four years, after which they may be eligible to apply for permanent residency. To qualify for a T visa, an individual must meet the following criteria:

1. Be a victim of severe forms of trafficking in persons, which includes involuntary servitude, debt bondage, or forced labor.
2. Be physically present in the United States on account of this trafficking.
3. Demonstrate that they would suffer extreme hardship if they were to return to their home country.
4. Adhere to any reasonable request for assistance from law enforcement agencies in the investigation or prosecution of human trafficking (unless under 18 years old).

To apply for a T visa, you must submit Form I-914 (Application for T Nonimmigrant Status) along with supporting documents and evidence to U.S. Citizenship and Immigration Services (USCIS). Some common supporting documents include police reports, affidavits from social service agencies or other organizations supporting your claim, medical records documenting abuse or injuries related to human trafficking, and any other relevant evidence.

After filing your application, you may also need to complete biometric services (including fingerprinting), attend an interview at a USCIS office, and provide any additional evidence requested by USCIS.

It’s important to note that there are strict eligibility criteria and limited numbers of T visas available each year. If you are granted a T visa, you can live and work in the United States for up to four years. After three years on a T visa, you may be eligible to apply for permanent residency.

For more information about T visas and the application process, visit the USCIS website or contact an immigration attorney who specializes in these types of cases.

2. Who is eligible for a T visa?

The following individuals may be eligible for a T visa:

1. Victims of severe forms of human trafficking, including labor trafficking, sex trafficking, and involuntary servitude
2. Individuals who are physically present in the United States on account of human trafficking
3. Individuals who can demonstrate that they would suffer extreme hardship if they were removed from the United States
4. Children under the age of 18 who have been subject to trafficking even if there is no immediate danger or risk of harm
5. Individuals who provide assistance or support to law enforcement in their investigation or prosecution of human trafficking cases
6. Individuals whose presence in the U.S. is necessary to assist in the investigation or prosecution of human trafficking cases

It is important to note that eligibility for a T visa depends on meeting all the criteria set forth by U.S. Citizenship and Immigration Services (USCIS). Additionally, an individual must not have participated in the trafficking crime themselves, except for being a victim of it.

3. What are the requirements for a T visa?

The requirements for a T visa, also known as a “T Nonimmigrant Status,” include:

1. The applicant must be a victim of human trafficking, defined by the U.S. Department of State as “the use of force, fraud, or coercion to obtain some type of labor or commercial sex act.”

2. The trafficking must have occurred in the United States or involve a U.S. citizen or permanent resident.

3. The applicant must comply with any reasonable requests from law enforcement for assistance in the investigation/prosecution of the traffickers.

4. The applicant must demonstrate physical and/or psychological harm suffered as a result of the trafficking.

5. The applicant must be able to demonstrate that they would experience extreme hardship if removed from the United States.

6. The applicant must be admissible to the United States (unless seeking a waiver).

7. If under 18 years old, the applicant’s parent, guardian, or responsible adult must agree to provide care and custody.

8. If over 18 years old, the applicant cannot have participated in or commanded serious criminal activity before applying for the visa.

9. The application must be filed within three years of being trafficked into the United States (exceptions may apply in certain circumstances).

10. Depending on an individual’s specific situation, additional requirements may apply.

4. How long does it take to process a T visa?

The processing time for a T visa can vary, but it typically takes several months to a year or more. The exact timeline depends on factors such as the workload of the U.S. Citizenship and Immigration Services (USCIS) office where the application is being processed, any potential delays or requests for additional evidence, and the completeness of the application. It is important to note that USCIS aims to process T visa applications within 6 months, but this timeline is not guaranteed.

5. Can I work in the US with a T visa?

Yes, individuals with a T visa are eligible to work in the US. Once approved for a T visa, recipients can apply for employment authorization documents (EAD) which will allow them to legally work in the US for a period of up to four years. After four years, the EAD may be renewed if needed. However, please note that obtaining an EAD and being authorized to work does not guarantee finding a job or obtaining a specific type of employment.

6. Can my family members come with me on a T visa?

Yes, certain family members may accompany or follow you to the United States on a T visa. Eligible family members include your spouse, children under 21, and parents if you are under 21. However, they must each apply for a T visa and meet the eligibility requirements. They may also be subject to admissibility and security checks. It is important to note that your family members cannot apply for a T visa if you do not have one yourself.

7. Will I be able to travel outside of the US on a T visa?

As a T visa holder, you may travel outside of the US and reenter with a valid T visa. However, you must obtain advance parole before leaving the US if your T visa application is still pending or if you have not yet received your T visa. If you leave the US without proper authorization, your T visa may be automatically terminated. It is important to consult with an immigration attorney before making any plans to travel outside of the US while on a T visa.

8. Is there any financial assistance available for victims of human trafficking applying for a T visa?

Yes, there are several forms of financial assistance available for victims of human trafficking who are applying for a T visa.

1. Department of Justice’s (DOJ) Crime Victim Assistance Program: This program provides funds to states and local agencies for the support of crime victims, including victims of human trafficking. The funds can be used for a variety of purposes such as counseling, medical expenses, and temporary housing.

2. Department of Health and Human Services’ (HHS) Individual Development Accounts (IDAs): HHS offers IDAs to help low-income individuals build assets through matched savings accounts. Victims of human trafficking may be eligible for this program to save money for housing, education, or other qualified expenses related to their recovery.

3. Office on Violence Against Women’s Transitional Housing Assistance Grants: These grants provide funding to organizations that serve victims of domestic violence, dating violence, sexual assault, or stalking. This includes victims of human trafficking who are seeking shelter and supportive services.

4. Department of Labor’s Employment and Training Administration: This agency offers training and employment services through its Dislocated Worker Program. This program can assist victims of human trafficking in obtaining skills training and finding employment opportunities.

5. State or local compensation programs: Some states and localities have programs that provide compensation to crime victims for expenses related to their victimization, such as medical bills or lost wages.

It is important for victims to seek information about financial assistance from their local law enforcement agencies or social service providers as they may have additional resources available specifically targeted towards their needs.

9. Do I need an attorney to apply for a T visa?

While it is not required to have an attorney to apply for a T visa, it is highly recommended that you seek the assistance of an experienced immigration attorney. The application process for a T visa can be complex and having an attorney by your side can greatly increase your chances of success. An attorney can assist you with gathering evidence, completing the necessary forms, and representing you in any hearings or interviews. They can also guide you through the process and ensure that your rights are protected throughout the application process.

10. Can I adjust my status to permanent resident while on a T visa?

Yes, T visa holders may be eligible to adjust their status to permanent resident (also known as “getting a green card”) if they meet certain requirements. These requirements include having continuous physical presence in the United States for at least 3 years since the date you were granted T visa status, being admissible to the U.S., and demonstrating that you have cooperated with law enforcement in the investigation or prosecution of human trafficking cases.

Additionally, T visa holders must also file Form I-485, Application to Register Permanent Residence or Adjust Status, and pay the associated fees. The process can be complex and it is recommended to seek assistance from an immigration attorney.

11. What happens if my abuser or trafficker finds out that I have applied for a T visa?

If your abuser or trafficker finds out that you have applied for a T visa, it may put you at risk for further harm. They may try to intimidate, threaten, or retaliate against you in order to prevent you from pursuing the visa. It is important to make a safety plan and seek help from an advocate or law enforcement if you feel unsafe. Your application for a T visa should not be affected by any actions taken by your abuser or trafficker.

12. Can I apply for asylum and also apply for a T visa at the same time?

Yes, you can apply for asylum and a T visa at the same time. However, it is important to note that if you are granted asylum, you will no longer be eligible for a T visa as you will have already received protection through asylum. It may be beneficial to consult with an immigration lawyer to determine the best route for your specific situation.

13. Will I be protected from deportation while awaiting approval of my T visa application?

Yes, once you have submitted a complete T visa application and it is still pending with the U.S. Citizenship and Immigration Services (USCIS), you will be eligible for protection from deportation under a process known as “deferred action.” This means that while your application is being processed, USCIS will not initiate removal proceedings against you. However, this protection does not apply if you have committed a serious crime or pose a threat to public safety or national security. It also does not prevent other immigration agencies, such as U.S. Immigration and Customs Enforcement (ICE), from initiating removal proceedings against you.

14. Are there any age restrictions on who can apply for a T visa?

No, there are no age restrictions on who can apply for a T visa. However, the applicant must be a victim of severe trafficking and must be in the United States to assist law enforcement in the investigation or prosecution of human trafficking. The severity of the trafficking and the willingness to cooperate with law enforcement will be considered during the application process. Minors may need a guardian or legal representative to help them with their application.

15. What evidence do I need to provide with my application for a T-visa?

You will need to provide evidence that you meet the eligibility requirements for a T-visa, which include being a victim of severe human trafficking, physically present in the U.S. due to trafficking, and cooperating with law enforcement in the investigation and prosecution of the crime. You may also need to provide evidence of your identity, such as a passport or birth certificate, as well as any forms or documents related to your involvement in the trafficking situation, such as police reports or affidavits from law enforcement or social service agencies. Additionally, you may need to provide evidence of any physical or psychological harm you have suffered as a result of the trafficking. Each case is unique and you may need the assistance of an immigration attorney to determine what specific evidence is necessary for your application.

16. How will my application be affected if my abuser or trafficker has been arrested or convicted?

If your abuser or trafficker has been arrested or convicted, it may affect your application in a number of ways:

1. Eligibility: The type of crime committed by your abuser or trafficker may make you eligible for certain types of immigration relief, such as a U visa (for victims of crimes who have cooperated with law enforcement) or a T visa (for victims of human trafficking).

2. Evidence: If your abuser or trafficker has been arrested or convicted, this can be important evidence to support your claim that you were a victim of abuse or trafficking. It can also help show that you were in fear of retaliation from your abuser.

3. Background check: As part of the immigration process, both you and your sponsor (if applicable) will be subject to background checks. If your abuser or trafficker has been arrested or convicted, this will likely show up on their background check and could affect their ability to successfully sponsor you.

4. Dependency waivers: Depending on the nature of the crime committed by your abuser or trafficker, they may be ineligible to file a dependency waiver on your behalf. This waiver is required if your abuser does not meet the income requirements to sponsor you.

5. Admissibility: If your abuser or trafficker has been convicted of certain crimes, they may be considered inadmissible under immigration law and their presence in the US could affect the outcome of your application.

In general, having an arrest or conviction in relation to abuse or human trafficking involving the petitioner can strengthen an applicant’s case for immigration relief and protection. However, each case is evaluated individually and outcomes may vary depending on specific circumstances.

17. Is there an annual cap on the number of visas issued under the T-visa program?

There is no annual cap on the number of visas that can be issued under the T-visa program. However, since 2002, a maximum of 5,000 T-visas have been authorized for issue each fiscal year. This means that if more than 5,000 individuals are deemed eligible for a T-visa in a particular year, they may have to wait until the following fiscal year to receive their visa.

18. Can I apply for permanent residence if my abuser or trafficker is already in prison?

Yes, you can still apply for permanent residence even if your abuser or trafficker is in prison. However, it is important to provide as much documentation and evidence as possible to support your application, such as police reports and court documents related to the abuse or trafficking. It may also be helpful to obtain a statement from the prosecutor or other law enforcement officials regarding the criminal case against your abuser or trafficker. These materials can help establish the validity of your claim and strengthen your case for permanent residence. Additionally, you should consult with an experienced immigration attorney for specific guidance and assistance with your application.

19.Can non-citizens who participated in trafficking activities be eligible for a T-Visa?

No, non-citizens who have engaged in trafficking activities are not eligible for a T-visa. The T-visa is specifically designed for victims of human trafficking to encourage them to come forward and assist law enforcement in the investigation and prosecution of traffickers.

Non-citizens who have participated in trafficking activities are considered perpetrators of the crime and may face criminal charges or deportation. They are not seen as victims of trafficking and therefore do not qualify for the protections and benefits offered through the T-visa program.

20.Can individuals with criminal history still apply for a t-visa and receive protection from deportation?

Yes, individuals with criminal history may still apply for a T visa and potentially receive protection from deportation. However, the U.S. Citizenship and Immigration Services (USCIS) will carefully review the individual’s criminal record to determine if they are eligible for the visa. Certain criminal convictions or past involvement in sex trafficking or severe forms of trafficking may make an individual ineligible for a T visa.

It is important to note that individuals who have been convicted of a serious crime in the United States or abroad, including crimes involving moral turpitude, may be ineligible for a T visa. In addition, individuals who have previously received a T visa or other law enforcement-based immigration benefit such as a U visa and were found to have committed fraud or misrepresentation in their application may also be ineligible.

If an individual’s criminal history does not automatically disqualify them from receiving a T visa, USCIS will consider the totality of their circumstances, including the severity and recency of the crimes committed, rehabilitation efforts, and potential danger to others.

It is recommended that individuals with criminal history seeking protection under a T visa consult with an immigration attorney for guidance on their specific case.