1. What is a T Visa and who is eligible for it?
A T Visa is a special visa type designed specifically to provide relief to victims of human trafficking. People who are or have been victims of a severe form of human trafficking are eligible for a T Visa. To qualify, the person must demonstrate that they were a victim of human trafficking, have complied with any reasonable requests from law enforcement for assistance in the investigation or prosecution of an act of human trafficking, and must demonstrate that they would suffer extreme hardship involving unusual and severe harm if they were removed from the United States. Additionally, the victim must be either physically present in the United States, American Samoa, or the Commonwealth of the Northern Mariana Islands on account of the trafficking, or is present in the United States due to having been admitted through T nonimmigrant status.
2. What are the requirements to receive a T Visa?
To be eligible for a T Visa, an individual must be a victim of a “severe form of trafficking in persons” which includes sex trafficking and labor trafficking crime violations, have suffered physical or mental abuse as a result of the trafficking, have information about the trafficker and/or be willing to assist in the investigation or prosecution of the trafficker, be present in the United States as a result of the trafficking, and show that returning to his/her home country would cause “extreme hardship involving unusual and severe harm.”
3. What are the benefits of having a T Visa?
The main benefit of having a T Visa is that it provides a pathway to legal permanent residency in the United States. This allows the visa holder to live and work in the U.S. lawfully, and may even afford them access to certain benefits such as financial aid, employment rights, and health insurance. Additionally, family members of the visa holder may be able to apply for derivative visas and join them in the U.S. Finally, a T Visa may make its holder eligible for a U nonimmigrant status (U visa) or a Violence Against Women Act (VAWA) self-petition.
4. How long is the validity of a T Visa?
The validity of a T Visa is 4 years. However, it may be extended for up to 3 years at a time if the person is still facing a credible fear of returning to their home country.
5. How can I apply for a T Visa?
To apply for a T Visa, you must submit Form I-914, Application for T Nonimmigrant Status with the United States Citizenship and Immigration Services (USCIS) along with supporting documents. Documents may include evidence of your victimization, evidence of your helpfulness in assisting a criminal investigation or prosecution, and evidence of your good moral character. The USCIS may also request additional information or evidence depending on your individual case.
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, Application for T Nonimmigrant Status is $860. An additional fee of $85 is required for biometric services. Those filing on behalf of someone else must also include a G-28 form, Notice of Entry of Appearance as Attorney or Representative.
7. Is there an age limit for T Visa applicants?
No, there is no age limit for T-Visa applicants. The eligibility requirements are as follows: the individual must have been a victim of a severe form of trafficking in persons, must be physically present in the United States on account of the trafficking, must comply with any reasonable request for assistance in the investigation or prosecution of acts of trafficking, and must show that they would suffer extreme hardship involving unusual and severe harm if removed from the United States.
8. What documents do I need to submit for a T Visa application?
In order to apply for a T Visa, you must submit the following documents:
– Form I-914, Application for T Nonimmigrant Status
– Evidence that you are a victim of a severe form of human trafficking
-Evidence that you have complied with any reasonable request for assistance in the investigation or prosecution of acts of trafficking
-Evidence of your identity
-Evidence of your admissibility to the United States
-A passport-style photograph
-A copy of your passport and other travel documents
-Proof of your relationship to any qualifying family members who will be applying with you
9. Can I obtain employment authorization with a T Visa?
Yes. Once approved for a T Visa, you will be eligible to apply for an employment authorization document (EAD). You can use the EAD to apply for jobs and work legally in the United States.
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 you can apply for with your T Visa. However, you must report any job changes or new job information to USCIS within 10 days of the change.
11. Can I bring family members with me if I have a T Visa?
Yes, you can bring family members with you if you have a T Visa. Family members include a spouse, children, and/or unmarried siblings under the age of 21. They must file an I-821D form and meet all other qualifying criteria in order to be eligible for a T Visa.
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 the process of changing from one non-immigrant visa status to permanent resident status. A change of status is when a non-immigrant visa holder transitions from one temporary visa to another temporary visa. A T Visa holder would use a change of status to transition from a T Visa to another non-immigrant visa status, while if they wish to become a permanent resident they would need to adjust their status.
13. How long does it take to receive an adjustment of status or change of status for a T Visa holder?
It typically takes anywhere from 6 to 12 months for an adjustment of status or change of status for a T Visa holder to be processed. In some cases, it can take up to two years.
14. Do I have to leave the United States if my application for adjustment of status or change of status is denied?
Yes. If you have been denied an application for adjustment of status or change of status, you will be considered to be unlawfully present in the United States. You should consult with an attorney to understand your options. Generally, you will be required to depart the United States in order to avoid potential immigration consequences.
15. Can I adjust my status to lawful permanent residence (LPR) if I have been granted a T Visa?
Yes. A T-Visa holder can adjust their status to permanent resident in some cases. The requirements for adjustment of status for a T-Visa holder include: having been granted a T-Visa, having been physically present in the US for a continuous period of three years since the date of issuance of the T-Visa, and having maintained good moral character since admission into the US.
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. T Visa holders must still apply for a green card in order to become lawful permanent residents.
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 your T visa if you are granted LPR in the United States. Your T visa will remain valid until it is revoked or canceled by the U.S. Department of Homeland Security.
18. Does having a T Visa prevent me from being deported from the United States?
A T visa does not prevent deportation from the United States. However, it does provide protection and benefits for victims of human trafficking. This includes work authorization, access to social services, and the ability to stay in the US for up to four years. At the end of this time period, you may be able to apply for a green card or another form of permanent residence.
19. Is there any chance of being detained and/or deported if I have a T visa?
No, having a T visa should not lead to detention or deportation. A T visa provides a noncitizen with temporary legal status in the United States to remain in the country for up to four years. After the four year period, individuals may be eligible for adjustment of status to permanent residence or other forms of relief.
20. Are state and federal benefits available to victims of human trafficking who have been granted a T visa?
Yes. State and federal benefits may be available to victims of human trafficking who have been granted a T visa. These benefits may include access to medical care, housing assistance, job training, and other social services. In order to be eligible for these benefits, individuals may need to meet certain eligibility requirements, such as having a valid T visa and being able to provide proof of their status as a victim of human trafficking.