U.S. Immigrant Visa for Victims of Severe Forms of Trafficking (T Visa)

1. What is a T Visa?


A T Visa is a type of visa issued to victims of human trafficking who are in the United States. It provides protection and assistance to victims and allows them to stay in the country while they help to investigate or prosecute the traffickers. The T Visa also grants the right to work and access to certain services.

2. How do I apply for a T Visa?


To apply for a T Visa, you must complete Form I-912, Application for T Nonimmigrant Status. You should also submit supporting documents, such as evidence of trafficking, proof of identity and nationality, and evidence of an ongoing or foreseeable need for continued presence in the U.S. You may also need to submit a copy of your passport, photographs, medical examination results, and other documents to support your application. Once you have completed the necessary steps, you should submit your application directly to the United States Citizenship and Immigration Services (USCIS).

3. How long does it take to get a T Visa?


The processing time for a T Visa application can vary depending on the individual case. On average, it can take up to six months for a decision to be made on a T Visa application.

4. What is the application fee for applying for a T Visa?


The application fee for a T Visa is $930, plus an $85 biometric fee.

5. What documents are required to apply for a T Visa?


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

1. A Form I-914, Application for T Nonimmigrant Status;
2. Evidence that you are or were a victim of a severe form of trafficking;
3. Evidence of your relationship to the trafficker;
4. Evidence that you would suffer extreme hardship involving unusual and severe harm if you were removed from the United States;
5. Evidence of your assistance to law enforcement officials in the investigation or prosecution of human trafficking activities; and
6. Two passport-style photographs.

6. Can I apply for a T Visa if I am already in the United States?


Yes, you can apply for a T Visa from within the United States. However, it is important to note that you must have entered the United States lawfully in order to be eligible for a T Visa. If you entered the United States unlawfully, you may be ineligible for a T Visa. Additionally, you will need to show evidence of your eligibility for the visa, including evidence of having been subjected to a severe form of trafficking and evidence of your cooperation with law enforcement in the investigation and prosecution of traffickers.

7. Who is eligible to apply for a T Visa?


A T visa is available to individuals who are or were victims of human trafficking. To be eligible, the applicant must have been a victim of a severe form of trafficking in persons, must have been present in the U.S. on account of such trafficking and must be willing to cooperate in the investigation and prosecution of traffickers. Additionally, applicants must demonstrate that they would suffer extreme hardship involving unusual and severe harm if removed from the United States.

8. What are the requirements to qualify for a T Visa?


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

1. You must have been a victim of a severe form of human trafficking as described in the U.S. Immigration and Nationality Act.

2. You must be physically present in the United States, its territories, or at a U.S. port of entry on account of the trafficking.

3. You must be willing to assist law enforcement authorities in the investigation or prosecution of human trafficking cases.

4. You must demonstrate that you would suffer extreme hardship involving unusual and severe harm if you were removed from the United States.

9. Does having a criminal record preclude me from applying for a T Visa?


No, having a criminal record does not necessarily preclude an individual from applying for a T Visa. However, any criminal history may be considered as part of the overall review of the application and could impact the outcome of the application.

10. What types of benefits are available to those with a T Visa?


Benefits available to people with T Visas include work authorization, protection from removal (deportation), access to certain public benefits, such as Medicaid, and eventually the ability to apply for permanent residency. Additionally, some states may provide additional housing assistance, public health coverage, or legal services to those with T Visas.

11. Can I bring my family with me if I am granted a T Visa?


Yes, your family may be eligible to join you in the United States if you are granted a T visa. Eligible family members include your spouse, unmarried children under 21 years of age, and unmarried children 21 years of age and older who were dependent on you at the time of your application.

12. Is there a limit on the number of T Visas that can be issued each year?


Yes, Congress has capped the number of T Visas that can be issued each year at 10,000.

13. Are there any restrictions on the activities in which I can engage while holding a T Visa?


Yes, there are several restrictions associated with holding a T Visa. The primary restriction is that you must be engaging in activities which are related to the trafficking of which you were a victim. Other restrictions may include that you cannot engage in any criminal activities, or other activities which might threaten the safety of you or your family. You may also be restricted from engaging in activities which violate US laws or are otherwise not in compliance with US regulations. Additionally, you may be required to report to immigration authorities periodically, and could be subject to removal if you are found to be in violation of any of the restrictions associated with your visa.

14. How long can I stay in the United States on a T Visa?


The period of stay for a T visa is generally limited to four years, although extensions may be available in certain circumstances.

15. How can I extend my stay on a T Visa once it has been issued?


If you wish to extend your stay in the United States on a T Visa, you must file a Form I-539, Application to Extend/Change Nonimmigrant Status with U.S. Citizenship and Immigration Services (USCIS) before your current T Visa expires. Your application must include evidence of your T-visa status, your continued eligibility for the visa, and that you have not been convicted of any crime that would make you ineligible for T-visa benefits. To remain eligible for a T Visa extension, you must demonstrate that you have not committed any crimes in the United States since your initial visa application and that you continue to meet all other eligibility criteria.

16. Can holders of a T Visa eventually adjust their status to become lawful permanent residents of the United States?


Yes, holders of a T Visa can eventually adjust their status to become lawful permanent residents of the United States. After three years of being in the United States on a T Visa, an individual is eligible to apply for a green card through the I-485 Application to Register Permanent Residence or Adjust Status.

17. Are there certain countries from which people are not eligible to apply for a T Visa?


Yes, there are certain countries from which people are not eligible to apply for a T Visa. These countries are Belarus, Burma (Myanmar), Cuba, Iran, Laos, North Korea, and Sudan.

18. Can I work while waiting for my application to be processed and during my period of authorized stay on a T Visa?


Yes. You may be able to work while waiting for your application to be processed and during your period of authorized stay on a T Visa. However, you must first obtain an Employment Authorization Document (EAD) from the U.S. Citizenship and Immigration Services (USCIS) before you can legally work in the United States.

19. Do I have access to certain services while I am in the United States on a T visa?


Yes. While in the United States on a T visa, you may have access to certain services, depending on your individual circumstances. These may include social services, healthcare, and employment services. Generally, you may also be eligible for certain public benefits, including Medicaid and food stamps.

20. Do I need an attorney to apply for a T visa?


No, you do not need an attorney to apply for a T visa. However, it may be beneficial to seek the advice of an attorney if you are unsure how to complete the application or have any questions related to the process. Additionally, legal assistance could be helpful if your application is denied and you need to appeal the decision.