T Visa for Victims of Human Trafficking

1. What is a T Visa?


A T Visa is a type of visa that allows victims of human trafficking to remain in the United States for up to four years. The T Visa program was established in 2000 as part of the Victims of Trafficking and Violence Protection Act. It allows foreign nationals who are victims of a severe form of human trafficking in the United States to gain legal status and eventually become permanent residents. The T Visa also offers support and services to help victims transition and recover from their traumatic experiences.

2. Who is eligible for a T Visa?


A T Visa is a type of U.S. visa available to victims of human trafficking who have been identified by law enforcement and are willing to assist in an investigation or prosecution of human trafficking. To be eligible for a T Visa, applicants must demonstrate that they are a victim of a severe form of trafficking in persons and meet other eligibility criteria, including being physically present in the United States due to trafficking, having complied with reasonable requests from law enforcement for assistance in an investigation or prosecution, and being deemed to be of good moral character. Applicants must also have experienced substantial physical or mental abuse as a result of the trafficking.

3. How long does a T Visa last?


A T visa is valid for up to four years, with a possibility of extension in certain cases. According to the U.S. Citizenship and Immigration Services (USCIS), T visa holders have the right to apply for adjustments of status to permanent resident status after three years.

4. How do I apply for a T Visa?


You must submit an application to U.S. Citizenship and Immigration Services (USCIS). The application packet includes Form I-914, Supplement A, and the appropriate fee. You may also need to provide evidence that you meet the eligibility requirements for the T visa. It is important to read all instructions carefully and to make sure you provide all necessary supporting documents. You can find more information on the USCIS website: https://www.uscis.gov/humanitarian/victims-human-trafficking-other-crimes/victims-trafficking-visa.

5. What is the application fee for a T Visa?


The application fee for a T Visa is $290 USD.

6. What are some of the requirements to qualify for a T Visa?


To qualify for a T Visa, applicants must meet the following requirements:

1. Have been a victim of a severe form of trafficking as defined by law.

2. Be physically present in the United States, American Samoa, or the Commonwealth of the Northern Mariana Islands as a result of trafficking.

3. Possess information concerning the trafficking and be willing to provide assistance to government officials in the investigation or prosecution of traffickers.

4. Demonstrate that they would suffer extreme hardship involving unusual and severe harm if they were removed from the United States.

7. What documents do I need to submit with my T Visa application?


The documents you need to submit with your T Visa application will vary depending on the specific facts and circumstances of your case. Depending on your situation, you may need to submit documents such as a birth certificate, passport, driver’s license, school records or immigration papers, medical records, police reports, court records, or other documents relating to your eligibility for a T Visa. You may also need to include letters of support from individuals who can attest to your victimization and efforts to cooperate with law enforcement in the investigation or prosecution of traffickers. You may also need to include a completed Form I-914, Supplement A.

8. Are there any conditions attached to the T Visa?


Yes. In general, recipients of a T Visa must demonstrate that they have been or would be a victim of human trafficking, that they are willing to cooperate with reasonable requests for assistance in the investigation or prosecution of the trafficking, and that they would suffer extreme hardship involving unusual and severe harm if they were removed from the U.S. Additionally, the person must prove that they have been present in the U.S. for at least three years since their admission into the country and must remain physically present in the United States until such time as a decision is made on their application for lawful permanent residence.

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


It typically takes four to six months to process a T Visa application. Depending on the case, the process may take longer or shorter.

10. What happens after I receive my T Visa?


You will be allowed to stay in the United States for a period of four years on your T visa. You will also be eligible to apply for permanent residency after three years. You may also apply for certain public benefits and obtain employment authorization.

11. Can I bring my family members with me on my T Visa?


Yes, family members of T visa holders may be eligible for derivative T visas. The derivative applicants must have the same status as the principal applicant. Eligible family members include the T visa holder’s spouse, children, and parents.

12. Are there any restrictions on how much I can work on a T Visa?


Yes. You may not work more than 40 hours per week. You must also continue to comply with the conditions of your visa, such as attending any required training or classes, maintaining your status in the U.S., and renewing your visa when necessary.

13. How can I renew my T Visa when it expires?


You will need to submit Form I-918, Petition for U Nonimmigrant Status, to the U.S. Citizenship and Immigration Services (USCIS) before your T Visa expires. The form must include the required documents listed in the Form I-918 instructions, such as evidence of continuous physical presence, good moral character, and victim cooperation. Also, you will need to pay the filing fee and biometrics fee (if applicable). Once your petition is approved, you will need to submit a completed Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, to request permission from U.S. Customs and Border Protection (CBP) to enter the United States.

14. Can I obtain a green card after being issued a T Visa?


Yes. After being issued a T visa, you may qualify to apply for a green card. To be eligible, you must have been in the United States for at least three years, have not unreasonably refused to assist in the investigation or prosecution of the trafficking crime, and be admissible to the United States.

15. Are there any resources available to help me adjust to life in the U.S.?


Yes, there are many resources available to help you adjust to life in the U.S. You can contact your local International Student Office or Community Center for resources specific to your area. There are also many online resources available, such as International Student Orientation Programs, International Student Support Forums, and websites dedicated to helping international students adjust to life in the U.S.

16. What are the consequences of overstaying or violating the terms of my T Visa?


If someone overstays or violates the terms of their T Visa, they could be ineligible for adjustment of status, be subject to removal proceedings, and could be barred from returning to the United States. Additionally, they could also have trouble obtaining other visas and be subject to criminal penalties.

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


Unfortunately, there is no way to expedite the processing of a T Visa application. However, it is important to ensure that you provide all the required documents and paperwork when you submit your application, as this will increase the likelihood of a timely decision. Additionally, if you have any questions or concerns during the processing of your application, it is important to contact your local USCIS office as soon as possible in order to get answers and guidance.

18. How do I report abuse or misconduct by a human trafficker?


If you have witnessed or experienced abuse or misconduct by a human trafficker, you should contact your local law enforcement agency to report the incident. Depending on the situation, you may also want to contact the National Human Trafficking Hotline (1-888-373-7888) or the Polaris Project for assistance.

19. What happens if I am denied a T Visa?


If you are denied a T Visa, you may appeal the denial decision or reapply for a T Visa. There are also other visa options that may be available to you.

20. Are there any support services available to help me while I am in the U.S.?


Yes. Depending on your circumstances, there are several support services available to help you while you are in the U.S. These include accessing information from public and private government agencies, such as the Department of Homeland Security and the State Department; finding legal advice from immigration lawyers; getting help from organizations that provide resources and information to immigrants; and seeking assistance from social service organizations.