1. What is the T Visa?

The T Visa is a type of visa issued by the United States Citizenship and Immigration Services (USCIS) that allows victims of human trafficking to remain in the United States and work legally in the country. The T Visa was created in 2000 by the Victims of Trafficking and Violence Protection Act (VTVPA). It is designed to protect victims from deportation and exploitation, while providing them with access to necessary services and resources. It provides victims with access to health care, shelter, counseling, legal aid, English language classes, vocational training, and employment assistance.

2. Who is eligible to apply for the T Visa?

To be eligible for the T Visa, an applicant must demonstrate that he or she is or was a victim of a severe form of trafficking in persons, which is defined as: (1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or (2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. The applicant must also demonstrate that he or she is physically present in the United States on account of such trafficking and is willing to assist in every reasonable way in the investigation and prosecution of acts of trafficking.

3. What is the difference between a T Visa and other nonimmigrant visas?

A T Visa is specifically designed to protect victims of human trafficking who are willing to assist in the investigation and prosecution of the traffickers. It grants them temporary protection from deportation, work authorization, and access to public benefits. Other nonimmigrant visas are for people who wish to stay temporarily in the U.S. for a variety of reasons such as tourism, business, or employment. These visas generally do not provide the same types of protections as a T Visa and may have additional requirements such as returning home after a period of time or proving that they will not become a public charge.

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

The T Visa application process can take up to six months to complete. However, many cases are processed faster than this. Additionally, applicants may be able to receive an interim or short-term employment authorization document while their application is pending.

5. Do I need a job offer in order to obtain a T Visa?

No, you do not need a job offer to obtain a T Visa. The T Visa is granted to victims of human trafficking who are living in the United States or at a port of entry. To qualify, you must demonstrate that you were a victim of a severe form of trafficking, and that you are willing to help law enforcement in the investigation or prosecution of traffickers.

6. What are the requirements for a successful application?

The requirements for a successful application vary depending on the type of application and the organization to which it is being submitted. Generally, applicants must provide accurate and complete information about their educational background, work history, skills, and qualifications. They may also need to submit documents such as resumes, references, and other forms of evidence to demonstrate their eligibility for the position. Additionally, some applications may require applicants to submit a cover letter, writing sample, or other works.

7. Can my family members apply for a T Visa with me?

Yes, family members can apply for T Visas with you if they meet the requirements of the T Visa. Family members include spouses, unmarried children under 21, and parents (if you are under 21). To be eligible for a T Visa, your family members must be found to have been victims of severe trafficking and must have suffered extreme hardship involving unusual and severe harm upon removal from the United States.

8. Can I travel outside of the United States with a T Visa?

Yes, you can travel outside of the United States with a T Visa. However, you must obtain advance parole before you can re-enter the United States.

9. Can I work with a T Visa?

Yes, you can work with a T Visa. The T nonimmigrant status allows certain victims of human trafficking and their immediate family members to remain in the United States and assist in an investigation or prosecution of human trafficking. T visa holders are eligible to apply for employment authorization, allowing them to work in the United States.

10. What type of work authorization can I get with a T Visa?

With a T Visa, you will be eligible to apply for employment authorization. You can use an Employment Authorization Document (EAD) to work in the U.S. legally.

11. Can I study with a T Visa?

Yes, you can. With a T visa, you are allowed to study in the U.S. as long as it is related to the purpose of your visa. However, you must maintain your student status and not engage in any activities outside of what is allowed by the terms of your visa.

12. How long is the validity of a T Visa?

A T Visa is generally valid for up to four years. The initial period of stay is up to three years and after that, the individual may apply for an extension of up to one year.

13. Is there an age limit for T Visa applicants?

Yes, there is an age limit for T Visa applicants. To be eligible for a T-Visa, you must be under 21 years of age when the application is filed.

14. What documents do I need to submit with my application for a T Visa?

In order to apply for a T Visa, you will need to submit the following documents:

1. Proof of your identity (e.g., passport, birth certificate)
2. Proof of your relationship to a U.S. citizen or lawful permanent resident (e.g., birth certificate, marriage certificate, adoption papers)
3. Proof of your victimization (e.g., police report, medical records, court records)
4. A statement from a law enforcement official confirming that you have cooperated in the investigation or prosecution of the person who victimized you
5. Documentation to prove that you meet the requirements for a T Visa (e.g., evidence of your continuous physical presence in the United States for at least three years prior to filing your application)
6. Two passport-style photographs
7. A copy of Form I-797C, Notice of Action, if your most recent immigration application was approved
8. A completed Form I-192, Application for Advance Permission to Enter as Nonimmigrant
9. A completed Form I-914 Supplement B, Declaration of Law Enforcement Officer for Victim of Trafficking in Persons
10. A completed Form I-765, Application for Employment Authorization
11. A fee payment for the applicable filing fees and biometrics services fee (if applicable).

15. Does the U.S. government provide financial assistance to victims of human trafficking on T Visas?

Yes, the U.S. government provides financial assistance to victims of human trafficking on T Visas through the Office for Victims of Crime (OVC). The OVC provides services such as crisis intervention, medical and mental health services, case management, and more.

16. How can I get help in filling out my application for a T Visa?

You can contact a qualified immigration attorney to get help in filling out your application for a T Visa. An immigration lawyer can help you ensure that your application is complete and accurate, as well as advise you on the best strategies to take in your case. Additionally, a number of organizations provide free or low-cost immigration legal services, including the Catholic Legal Immigration Network (CLINIC), the American Immigration Lawyers Association (AILA), and the American Immigration Council (AIC).

17. Is there an appeal process if my application for a T Visa is denied?

Yes, there is an appeal process if your application for a T Visa is denied. If your application is denied by USCIS, you may file an appeal with the Board of Immigration Appeals (BIA) within 30 days of the denial notice. The BIA will review the evidence and the denial and issue a decision on the case. If the BIA denies your appeal, you may then file a petition for review in the appropriate Federal Circuit Court of Appeals.

18. Do I need to demonstrate that I have been trafficked in order to obtain a T Visa?

No. You do not need to demonstrate that you have been trafficked in order to obtain a T Visa. To qualify for a T Visa, you must demonstrate that you are or were a victim of a severe form of trafficking in persons. This includes providing evidence of being subjected to force, fraud, or coercion to perform labor or services. You may also be eligible if you are under 18 and engaged in commercial sex acts.

19. Does having a criminal record affect my eligibility for the T Visa?

Having a criminal record does not necessarily disqualify someone from obtaining a T visa. The U.S. Citizenship and Immigration Services considers the individual’s specific circumstances, such as the type of crime committed, the sentence imposed, and any other mitigating factors when determining eligibility.

20. What happens after I receive my T Visa?

After receiving your T Visa, you are able to lawfully remain in the United States for up to four years. During this time, you may be eligible to apply for permanent resident status. You may also qualify for certain benefits and services, such as work authorization and access to certain public benefits. Additionally, if you meet certain additional eligibility requirements, you may be eligible to apply for a waiver of the three- and ten-year bars associated with unlawful presence in the United States and apply for adjustment of status to lawful permanent resident.