Visa Options for Trafficking Victims (T Visa)

1. What is the purpose of the T Visa?


The T Visa was created by the U.S. government to protect victims of human trafficking. It allows certain victims of human trafficking, who have been in the U.S. for at least three years, to stay in the country temporarily and to apply for permanent legal status after three years. The T Visa also allows victims to work legally in the U.S., access medical care, and travel outside of the country.

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


T Visa eligibility is for foreign nationals who are victims of human trafficking. They must meet certain requirements, such as being physically present in the United States due to trafficking, showing that they have complied with reasonable requests for assistance in the investigation and/or prosecution of the trafficking case, and demonstrating extreme hardship involving unusual and severe harm if they were removed from the United States. Spouses, children, and parents of T Visa holders may also be eligible for derivative T Visas.

3. What are the eligibility requirements for a T Visa?


In order to be eligible for a T Visa, you must meet the following criteria:

1. You must be a victim of a severe form of human trafficking.

2. You must have been present in the United States or at a U.S. port of entry as a result of being trafficked.

3. You must demonstrate that you are willing to cooperate with law enforcement officials in the investigation and prosecution of human traffickers.

4. You must pass a reasonable fear determination interview, which will determine if you have a reasonable fear of persecution or harm if you return to your home country.

4. How long is a T Visa valid for?


A T Visa is valid for up to four years.

5. What are some of the benefits of having a T Visa?


Some of the benefits of having a T Visa include the ability to remain in the United States for up to four years, protection from removal or deportation, eligibility for work authorization, the ability to travel in and out of the U.S., and, after three years, eligibility to adjust status and apply for a green card. Additionally, certain family members such as spouses, children under 21, and unmarried sons or daughters over 21 are eligible to receive a derivative visa.

6. What documents do I need in order to apply for a T Visa?


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

1. Form I-914, Application for T Nonimmigrant Status;
2. Proof of your nationality or citizenship;
3. Proof that you are a victim of a severe form of trafficking in persons;
4. Documentation of your physical presence in the U.S.;
5. Evidence that you complied with any reasonable request for assistance in the investigation or prosecution of acts of trafficking;
6. Evidence that you would suffer extreme hardship involving unusual and severe harm if you were removed from the U.S. (if applicable);
7. Two passport-style photographs; and
8. A filing fee.

7. Are there any fees involved when applying for a T Visa?


Yes, there are fees involved in the application process for a T Visa. The filing fee for Form I-914 is $930, plus an additional $85 biometric fee. Other application and filing fees (such as those related to employment authorization documents or travel documents) may also be applicable.

8. Are there any special requirements for minors applying for a T Visa?


Yes, a minor applying for a T Visa must provide evidence of his or her age, such as a birth certificate or other official government-issued document. The minor must also demonstrate that they have been subject to extreme forms of trafficking, and must be able to establish that they are likely to suffer extreme hardship involving unusual and severe harm if they are removed from the United States. Additionally, a minor must provide the same type of evidence of eligibility as an adult applicant.

9. Do I need to be physically present in the United States in order to apply for a T Visa?


No, you don’t need to be physically present in the United States in order to apply for a T Visa. However, you must be able to establish that you are in the United States or are seeking admission to the United States.

10. How can I renew my T Visa once it has expired?


You can renew your T Visa by filing a Form I-821, Application for Renewal or Extension of T Nonimmigrant Status. You must submit supporting evidence to show that you continue to be a victim of human trafficking and continue to comply with the terms of your original T Visa. You must also submit supporting documents to show that you remain a person of good moral character, have not traveled outside the United States since you received your T Visa, and remain eligible for relief.

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


It can take up to a year or longer for a T Visa application to be processed. The time frame is largely dependent on the complexity of the case and the workload of the USCIS office.

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


Yes, your family members may be eligible to apply for a derivative T visa if they were in the U.S. when you applied. They must meet the same eligibility criteria as you and must qualify as your “derivatives”, meaning they must have been forced to come with you or have suffered abuse due to trafficking you experienced. The qualifying family members include: your spouse, children, parents, and siblings under the age of 18. To apply for a derivative T visa, they must submit Form I-914, Supplement B.

13. Are there any restrictions on work authorization with a T Visa?


Yes, T Visa holders are not authorized to work until they receive an Employment Authorization Document (EAD) from U.S. Citizenship and Immigration Services (USCIS). In most cases, T Visa holders must wait 180 days from the date they were granted T Visa status before applying for an EAD.

14. Can I become a permanent resident of the United States if I have a T Visa?


Yes, you may be eligible to become a permanent resident of the United States if you have a T Visa. You may qualify for a green card if you have been living in the United States for at least three years on the T Visa and meet certain other requirements.

15. Are there any restrictions on travel while in possession of a T Visa?


Yes, there are restrictions on travel while in possession of a T Visa. To maintain T Visa status, nonimmigrant aliens must remain continuously physically present in the United States. International travel is only allowed if the traveler has obtained permission from the Department of Homeland Security (DHS) prior to the departure from the United States.

16. What type of evidence do I need to prove that I am a victim of human trafficking?


The type of evidence you need to prove that you are a victim of human trafficking depends on the situation and the country you are in. Generally speaking, evidence could include: police reports, medical records, statements from expert witnesses, a history of illegal activities, evidence of psychological or physical abuse, or any other evidence that can establish the elements of a trafficking offense.

17. Are there any additional forms or documents I need to submit with my T visa application?


Yes. Along with your T visa application, you must also submit Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, and a copy of your valid passport. You must also provide evidence of your past persecution or fear of future persecution, evidence supporting any claim to withholding of removal or protection under the Convention Against Torture, and evidence of your continuous physical presence in the United States for at least three years prior to the filing of your T visa application.

18. Can I apply for asylum if I have been granted a T visa?


Yes, you can apply for asylum if you have been granted a T visa. However, the Department of Homeland Security may deny a T visa holder’s asylum application if the applicant is determined to be ineligible for relief.

19. Are there any organizations that can help me with my T visa application?


Yes, there are many organizations that can help you with your T visa application. Some organizations that offer assistance for T visa applications include the Immigrant Legal Resource Center, the American Immigration Council, and the International Refugee Assistance Project.

20. What happens if my T visa application is denied?


If your T visa application is denied, you may be eligible to appeal the decision or reapply. Depending on the specific reasons for the denial, you may need to provide additional evidence or a different application. In some cases, it may be necessary to consult with an immigration attorney.