Immigration Options for T Visa Human Trafficking Victims

1. What is a T Visa?


A T Visa is a type of nonimmigrant visa offered by the United States government to victims of human trafficking. It allows victims to remain in the United States for up to four years and provides a pathway to legal permanent residency.

2. How can I apply for a T Visa?


To apply for a T Visa, you must first fill out and submit Form I-914, Application for T Nonimmigrant Status. This form can be found on the U.S. Citizenship and Immigration Services (USCIS) website. After the form is submitted, you must provide supporting evidence to prove that you meet the T Visa eligibility requirements, such as evidence of having suffered severe forms of trafficking in persons, that you are cooperating with reasonable requests for assistance in the investigation or prosecution of acts of trafficking, and that you would suffer extreme hardship if removed from the United States. You must also submit a declaration or affidavit from an authorized law enforcement or government official regarding your trafficking experience.

3. What evidence is required to obtain a T Visa?


To obtain a T Visa, a person must prove that they are a victim of a severe form of trafficking in persons, as defined by U.S. law; that they are physically present in the United States on account of the trafficking; that they would suffer extreme hardship involving unusual and severe harm if required to leave the United States; and that they have complied with any reasonable requests for assistance in the investigation or prosecution of acts of trafficking. Evidence to support these claims may include, but is not limited to, documents and records from law enforcement agencies, social service agencies, health care providers, and other organizations that can provide evidence of identity, trafficking-related violations, and other statements or evidence to establish that the applicant meets all the eligibility requirements for a T Visa.

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


The processing time for a T Visa application varies depending on the particular case. Generally, applications are processed within 12 to 24 months, but the actual timeline may differ depending on the specific details of the case.

5. Are there any exceptions to the requirements for a T Visa?


Yes. An applicant may not be able to meet all of the requirements for a T Visa due to extraordinary circumstances, such as being a minor or having a mental disability. In cases like these, the application may be considered on a case-by-case basis. Additionally, there are other exceptions that could be made on a case-by-case basis related to the applicant’s inability to provide evidence or testimony needed for the application.

6. What are the benefits of obtaining a T Visa?


A T Visa provides a number of benefits, including: legal status in the United States, permission to work, the ability to travel in and out of the U.S. with a valid visa, eligibility for an Employment Authorization Document (EAD) and access to certain public benefits such as healthcare, education and social services. Additionally, those eligible for a T Visa are also eligible for eventual permanent residence (a green card) after three years.

7. Can I bring my family members with me if I get a T Visa?


Yes, the T Visa allows you to bring family members. Your spouse, children under 21 years of age, and in some cases your parents, may be eligible for a derivative T Visa.

8. Are there any work restrictions associated with the T Visa?


Yes. With a T Visa, you are not allowed to work for any employer in the US who knew or should have known that you were a victim of a severe form of trafficking. Additionally, you must cooperate with reasonable requests from law enforcement in the investigation or prosecution of human trafficking.

9. How long is the duration of a T Visa?


The duration of a T Visa is usually up to four years. However, applicants may be able to apply for extensions to their T Visa and, in some cases, may be able to adjust their status to permanent resident.

10. What happens if my application for a T Visa is denied?


If your application for a T Visa is denied, you may be able to appeal the decision or reapply with new evidence. Additionally, you may be able to apply for other forms of relief, such as asylum or cancellation of deportation/removal.

11. Do I need to pay a fee to apply for a T Visa?


No, there is no fee to apply for a T Visa. However, the USCIS may charge a fee for processing applications. Check with the USCIS office where you apply for more information on fees.

12. Will I receive any assistance while my T Visa application is being processed?


Yes, individuals who file for a T Visa may be eligible for work authorization, deferred action, and travel authorization. Additionally, certain individuals may be eligible for a fee waiver and other forms of assistance. You should consult with an experienced immigration attorney or a qualified legal services provider for more information on the forms of assistance you may be eligible for.

13. Is there an appeal process if my T Visa application is denied?


Yes. If your T Visa application is denied, you can appeal the decision to the Board of Immigration Appeals. You will need to file a “Notice of Appeal” and provide evidence and arguments to support your case. The Board of Immigration Appeals will review your case and issue a decision.

14. Do I need to attend an interview as part of the T Visa application process?


Yes. You are required by law to attend an in-person interview as part of the T Visa application process. During the interview, an immigration officer will assess your eligibility and will ask you questions about your situation and need for protection.

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


You may be able to travel outside of the US while your T visa application is being processed, but it is best to consult with an immigration attorney before doing so. In general, it is not recommended to leave the US while a T visa application is pending, as it can have a negative impact on the application. If you need to travel outside of the US, you may want to consider applying for advance parole before leaving.

16. Are there any local organizations that provide support and assistance to people applying for a T Visa?


Yes, there are many local organizations that provide support and assistance to people applying for a T Visa. This includes legal assistance, social support and application assistance. Examples of organizations that provide such services include the Immigrant Legal Resource Center (ILRC), Immigrant Justice Network (IJN), National Immigration Project of the National Lawyers Guild (NIPNLG), and Immigrant Advocacy Centers.

17. Can I renew my T visa when it expires?


Yes, you can renew your T visa when it expires. You will need to provide evidence of having been granted T status, and you will need to demonstrate that you continue to meet the eligibility requirements for T status. You may also need to submit additional documents to support your application for renewal.

18. If I am granted a T visa, can I become a permanent resident of the US?


Yes. A T visa will allow you to become a permanent resident of the US after three years.

19. Can I apply for public benefits if I have a T visa?


Yes, you may apply for public benefits, such as Social Security and Medicare, if you have a T visa. However, you may be ineligible for certain benefits, depending on your immigration status and other factors. It is best to contact the relevant government agency or a qualified attorney to determine your eligibility for the specific benefits you are seeking.

20. Are there any other options available to human trafficking victims besides the T visa?


Yes, there are several other options available to human trafficking victims in the United States. These include the U-Visa, the VAWA self-petition, and the Special Immigrant Juvenile Status (SIJS). Each of these visas provide different forms of relief for victims based on their individual situation. Additionally, many states have developed their own programs and resources to help human trafficking victims.