1. What type of relief is available to victims of human trafficking through a T Visa?
A T Visa is a type of relief available to victims of human trafficking that allows them to stay in the United States and work legally. This visa also provides access to social services such as mental health counseling, medical benefits, and job training. In addition, the T Visa includes a path to permanent residency and potential citizenship in the United States.
2. Who is eligible to apply for a T Visa?
A T Visa is an immigration status granted to victims of human trafficking who are in the United States. To be eligible for a T Visa, the applicant must meet the following criteria:
• Must be a victim of a severe form of trafficking in persons;
• Must have been found in the United States due to trafficking;
• Must show that he or she complied with any reasonable requests for assistance in investigating or prosecuting human trafficking;
• Must demonstrate that he or she would suffer extreme hardship involving unusual and severe harm if removed from the United States; and
• Must be physically present in the United States on account of such trafficking.
3. What type of documentation is required to apply for a T Visa?
To apply for a T Visa, applicants must submit evidence and documentation such as a certification from a law enforcement official, medical records, court records, affidavits, and other forms of proof demonstrating their eligibility. They must also provide evidence showing they have been a victim of severe trafficking and are in the United States to assist in the investigation or prosecution of traffickers. Additionally, applicants typically must demonstrate the presence of extreme hardship involving unusual and severe harm should they be removed from the United States.
4. How long is a T visa valid for?
A T visa is valid for up to four years.
5. What are the fees associated with filing for a T Visa?
According to the U.S. Citizenship and Immigration Services (USCIS), the filing fees for the Form I-914, Application for T Nonimmigrant Status, is $545. Additionally, applicants must pay an additional $85 biometrics fee if required.
6. Is there an age limit for applying for a T Visa?
Yes, there is an age limit for applying for a T Visa. Applicants must be under the age of 21, and they must be physically present in the United States when they apply.
7. How long does it take to process a T Visa application?
According to the U.S. Citizenship and Immigration Services, processing times may vary depending on the individual case and the agency’s workload, but generally it takes 6 to 9 months to process a T Visa application.
8. What are the work authorization requirements for T visa holders?
All T visa holders must obtain employment authorization from the United States Citizenship and Immigration Services (USCIS). This authorization, known as an Employment Authorization Document (EAD), allows the T visa holder to work for any employer in the United States. In order to obtain an EAD, T visa holders must provide documents such as a valid passport, proof of relationship to the victim, evidence of T visa status, and evidence of compelling reasons for requesting employment authorization.
9. What types of assistance are available to survivors of human trafficking who have been granted a T visa?
Survivors with a T visa are eligible for access to federal benefits such as Medicaid, Temporary Assistance for Needy Families (TANF), Supplemental Nutrition Assistance Program (SNAP), Social Security, and Supplemental Security Income (SSI). Other forms of assistance available to survivors with a T visa may include housing assistance, employment services, legal assistance, mental health services, and language and cultural support.
10. How can I check the status of my T-Visa application?
You can check the status of your T-Visa application by logging into the myUSCIS account or by calling the USCIS National Customer Service Center at 1-800-375-5283.
11. What are the criteria for renewing a T Visa?
The criteria for renewing a T Visa are as follows:
1. The applicant must remain in continuous physical presence in the U.S. since the date of admission to the U.S.
2. The applicant must demonstrate that he/she has complied with any reasonable request for assistance in the investigation or prosecution of the qualifying criminal activity.
3. The applicant must demonstrate that he/she has been helpful in the investigation or prosecution of the qualifying criminal activity or of a related criminal activity if requested by DHS or DOJ.
4. The applicant must demonstrate that he/she continues to have a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion in the home country or country to which removal has been ordered.
5. The applicant must not have been convicted of a particularly serious crime such that his/her continued presence would be contrary to the national interest of the United States.
6. The applicant must not have become firmly resettled in another country prior to entering the United States with T visa status.
7. The applicant must not fail to meet the definition of “continuous physical presence” as defined by the Immigration and Nationality Act (INA).
12. Are there any limitations on where I can work with a T visa?
No, there are no limitations on where an individual with a T visa can work. However, they must remain employed in a job related to the purpose of their visa while in the U.S. and must continue to meet the requirements of the T visa in order to maintain legal status.
13. Can I travel outside the US while I have a T Visa?
Yes, you can travel outside the US while you have a T Visa. However, you must have a valid T Visa to re-enter the US. Additionally, if your visa expires while you are outside of the US, you will be unable to return without a valid visa.
14. Does my family have to apply for separate T Visas or can I petition for them with mine?
Yes, your family must apply for separate T Visas. You can petition for family members such as spouses and unmarried children who are under 21 years of age by filing Form I-914, Supplement A in conjunction with your T Visa application.
15. Do I qualify for benefits such as healthcare or education while on a T Visa?
Yes. Eligible T Visa holders may be eligible for certain benefits, such as health care, education, and employment authorization. However, the specifics of eligibility vary depending on the individual state. It is important to contact the appropriate state government agency to find out the exact eligibility requirements.
16. Am I eligible for permanent residency status if I have a T Visa?
Yes, you may be eligible for permanent residency status if you have a T Visa. To apply for permanent residency, you must have held your T Visa for at least three years and have maintained continuous physical presence in the United States for at least three years as well. You must also be admissible to the United States and demonstrate that you are not inadmissible due to any criminal or immigration violation. Finally, you must meet the eligibility requirements for an immigrant visa, including proof of family relationships, employment, or other valid reason for immigrating to the United States.
17. Are there any nationalities that are excluded from applying for a T Visa?
Yes, according to the US Department of State, the following nationalities are excluded from applying for a T Visa: Afghanistan, Algeria, Bahrain, Djibouti, Egypt, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, United Arab Emirates and Yemen.
18. Can I sponsor my family members to come to the US with me if I have a T Visa?
Yes, you can bring certain family members with you who have obtained T-2 nonimmigrant visas. This includes the T visa holder’s spouse, children under 21, and parents.
19. What are the consequences of not complying with the requirements of the T Visa?
Failure to comply with the requirements of the T Visa may lead to the denial of the visa, revocation of status, and removal from the United States. The individual may also be barred from returning to the United States for a certain period of time. Furthermore, those who fail to comply with the terms of their visa may be subject to fines or even criminal prosecution.
20. Is it possible to have my T Visa revoked or terminated if I violate its conditions?
Yes, it is possible for your T-Visa to be revoked or terminated if you violate any of its conditions. You may also be ineligible for immigration benefits if you are convicted of certain crimes, such as fraud or misrepresentation. Additionally, you may have your visa revoked or terminated if it is determined that you no longer meet the criteria for a T-Visa.