1. What is a T visa?

A T visa is a type of visa that is available for victims of human trafficking who are in the United States and are willing to help law enforcement authorities in the investigation or prosecution of human trafficking. It allows victims to remain in the United States and work temporarily.

2. Are there any eligibility requirements for applying for a T visa?

Yes, there are eligibility requirements for applying for a T visa. Generally, you must demonstrate that you are or were a victim of a severe form of trafficking in persons, that you are physically present in the United States as a result of the trafficking, that you would suffer extreme hardship involving extreme depravation if removed from the United States, and that you are willing to cooperate with law enforcement in the investigation or prosecution of human traffickers. Additionally, applicants must provide evidence that they need the protection of the T visa.

3. What kind of evidence is required to obtain a T visa?

In order to obtain a T visa, the applicant must demonstrate that they are a victim of a severe form of human trafficking and provide evidence to support this claim. This can include documentation of a law enforcement investigation or prosecution, medical or psychological records, and witness statements. Additionally, the applicant must provide evidence that they have been, are currently being, or are at risk of being subjected to human trafficking. Such evidence may include documentation of recruitment, transportation, harboring or receipt of benefits from traffickers.

4. How does one apply for a T visa?

In order to apply for a T visa, applicants must submit Form I-914, Supplement B, Application for T Nonimmigrant Status. Along with the form, applicants must include documentation to support their claim such as proof of past or present victimization, proof of the applicant’s nationality or relationship to the victimizer, and proof of the applicant’s continuous physical presence in the United States for the required period of time. Applicants must also submit additional documentation as required by U.S. Citizenship and Immigration Services.

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

The processing time for a T visa application depends on the individual case and can vary significantly. Generally, it takes at least 3 to 6 months for USCIS to process and approve the application.

6. How many T visas are granted each year?

In 2019, 10,117 T visas were granted.

7. Are there any benefits associated with being granted a T visa?

Yes, there are various benefits associated with being granted a T visa. These include:
* Legal immigration status: A T visa grants the recipient legal immigration status in the United States, allowing them to live and work in the country.
* Protection from deportation: The T visa also grants protection from deportation, allowing the recipient to remain in the United States even if their visa expires.
* Access to public benefits: T visa holders can access public benefits such as health care, food stamps, and other programs.
* Eligibility for a green card: After three years of holding a T visa, a recipient may become eligible to apply for a green card and become a permanent resident of the United States.

8. Is a criminal background check required for T visa certification?

Yes, a criminal background check is required for T visa certification. The U.S. Department of Homeland Security requires that applicants provide documentation of good moral character, which can include a criminal background check. Additionally, the applicant must meet certain additional eligibility requirements in order to receive certification.

9. Does the applicant need to provide documentation of human trafficking in order to receive a T visa certification?

No. The applicant does not need to provide documentation of human trafficking in order to receive a T visa certification. However, the applicant must be able to demonstrate that they are or have been a victim of human trafficking in order to be eligible for a T visa certification.

10. What types of support can an applicant receive from the U.S. government after obtaining a T visa certification?

The U.S. government can provide a variety of support services to T visa holders, including: access to work authorization; access to federal and state public benefits; access to social services such as counseling and legal assistance; access to health care services; and protections against deportation or other forms of removal. Additionally, some states may grant T visa holders in-state tuition or driver’s licenses.

11. What are the long-term effects of obtaining a T visa certification?

The long-term effects of obtaining a T visa certification are numerous. First, it allows the individual to obtain permanent residency in the United States. This grants them the ability to work and travel in the country, and even to become a citizen. Additionally, it provides a pathway for family members who are still abroad to enter the United States. Finally, it gives survivors of human trafficking access to public benefits and services that they need to rebuild their lives.

12. Does the applicant have to attend an interview as part of the T visa certification process?

Yes, the applicant must attend an interview as part of the T visa certification process.

13. How can an applicant prepare for their interview in order to increase their chances of receiving a T visa certification?

An applicant can prepare for their interview by gathering evidence to support their claims of trafficking, such as identity documents, certificates, or letters from people who witnessed the trafficking. It is important for applicants to stay organized and have all the necessary documents in order for their application to be successful. Additionally, applicants should also be prepared to answer questions about their experience during trafficking, their escape and recovery, and how the T visa will help them. Lastly, applicants should be aware of their rights during the interview process and be prepared to advocate for themselves if needed.

14. What documents must be provided to apply for a T visa?

In order to apply for a T visa, the applicant must provide documentation demonstrating that the applicant is or was a victim of a severe form of trafficking in persons, as defined by U.S. law. This documentation includes proof of identity, proof of nationality (if applicable), evidence of the trafficking-related activity, and evidence that the applicant complied with any reasonable request for assistance in the investigation or prosecution of the trafficker(s). Additionally, applicants must provide evidence that they have suffered substantial physical or mental abuse as a result of having been trafficked and evidence demonstrating their ability to support themselves economically.

15. How long is a T visa valid for and when should an applicant reapply?

A T visa is valid for four years, but applicants must reapply every year in order to maintain their legal status.

16. Are there any penalties associated with failing to reapply for a T visa before it expires?

Yes. If an individual fails to reapply for a T visa before it expires, they may be subject to removal proceedings and lose their eligibility for other immigration benefits.

17. How does one renew their T visa prior to expiration?

The T visa holder needs to apply for renewal of the visa before its expiration. To renew a T visa, the applicant must submit Form I-821, Application for Immigration Status, and Form I-765, Application for Employment Authorization. Applicants may also need to provide evidence of their continued eligibility, such as proof of persecution or fear of persecution in their home country. Applicants must also show that they have continuously been “physically present” in the U.S. since their last T visa application was approved.

18. What is the process for appealing a denied application for a T visa certification?

The process for appealing a denied application for a T visa certification involves filing a motion to reconsider within 30 days of the decision. Applicants must provide additional information or new evidence that supports their claim for certification. If the motion is denied, the applicant can appeal the decision to the Board of Immigration Appeals within 30 days. The applicant must also submit a Brief in Support of Appeal and pay the required filing fee.

19. What happens if an individual is granted a T visa but their situation changes and they no longer meet the eligibility requirements?

If an individual is granted a T visa but their situation changes and they no longer meet the eligibility requirements, they may be subject to removal from the US. They must keep immigration officials updated on any changes in their circumstances, and if they are found to no longer meet the eligibility requirements, they must leave the US or face deportation.

20. Are there any programs or services available to help victims of human trafficking adjust to life in the United States after they receive their T visa certification?

Yes, there are a variety of programs and services available to help victims of human trafficking adjust to life in the United States after they receive their T visa certification. These programs and services include health care, mental health counseling, legal assistance, financial literacy, job readiness training, English language instruction, housing assistance, education assistance and vocational training. Additionally, survivors of human trafficking can access a number of non-profit organizations providing specialized services such as case management, crisis intervention, and trauma-informed therapy.