1. What is a T Visa and what are the eligibility requirements?
A T Visa is a special type of visa granted to victims of human trafficking who are in the United States. In order to be eligible for a T Visa, applicants must demonstrate that they have been a victim of a severe form of human trafficking, that they are in the United States as a result of such trafficking, and that they are willing to assist law enforcement in the investigation or prosecution of such trafficking. Additionally, applicants must demonstrate that they would suffer extreme hardship involving unusual and severe harm if removed from the United States.
2. How can I apply for a T Visa?
If you are the victim of human trafficking, you can apply for a T Visa. T Visas are available to victims of human trafficking who are in the United States and who cooperate with federal authorities in the investigation or prosecution of those responsible for the trafficking. To be eligible, you must show that you:
1. Are or were a victim of a severe form of trafficking;
2. Have complied with any reasonable request for assistance in the investigation or prosecution of human trafficking;
3. Would suffer extreme hardship involving unusual and severe harm if removed from the United States; and
4. Are physically present in the United States or at a port of entry due to trafficking.
You must also show that you are admissible to the United States, either through inadmissibility waivers or through other legal means. In order to apply for a T Visa, you must submit Form I-914, Application for T Nonimmigrant Status, along with supporting documentation to U.S. Citizenship and Immigration Services (USCIS).
3. What documents must I submit to USCIS when applying for a T Visa?
When applying for a T Visa, you must submit the following documents to USCIS: Form I-914, Supplement A, a copy of a valid passport or equivalent travel document, proof of your nationality or residence in a qualifying country, evidence of your past experience of severe form of trafficking in persons, evidence of your possession of credible and reliable information concerning the trafficking scheme, evidence that you would suffer extreme hardship involving unusual and severe harm if you were removed from the United States, and two passport-style photographs.
4. How much does it cost to apply for a T Visa?
The filing fee for a T Visa application is $930. This fee includes a $190 biometric service fee, which pays for the cost of fingerprinting and a photograph.
5. How long does it take to process a T Visa application?
The processing time for a T Visa application can vary greatly depending on the individual circumstances and the workload of the USCIS (U.S. Citizenship and Immigration Services) office. It can take anywhere from 6 months to several years to process a T Visa application. USCIS has an online System for Tracking Applications (known as USCIS ELIS) which provides an estimated timeline for your individual case.
6. What is USCIS Premium Processing and when can I use it?
USCIS Premium Processing is an expedited service that allows businesses or individuals to have their petitions processed within 15 calendar days. It is available for certain types of petitions, including those related to employment-based nonimmigrant visa classification and certain Permanent Residency applications. The fee for Premium Processing is $1440, and can be paid online or by mail.
7. What documents do I need to provide when using USCIS Premium Processing?
When using USCIS Premium Processing, you will need to provide the required documents for the form you are filing along with a completed Form I-907, Request for Premium Processing Service and filing fee. This typically includes evidence to support your eligibility, such as a copy of passport page, birth certificate, or other supporting documents. You may also need to provide additional evidence to support your case, such as affidavits, letters from employers or other documents.
8. How much does it cost to use USCIS Premium Processing?
USCIS Premium Processing service costs an additional $1,440 as of 2021.
9. How long does it take to process a T Visa application with USCIS Premium Processing?
According to USCIS, the average processing time for T Visa applications with Premium Processing is 15 days.
10. What is the difference between regular processing and USCIS Premium Processing?
Regular processing involves submitting an application or petition to USCIS and waiting for a decision. It can take several months before a decision is made. USCIS Premium Processing is an optional service that allows applicants to pay an extra fee to have their applications or petitions processed within 15 calendar days. However, if additional information is required or the application or petition is incomplete, the processing time will be extended.
11. Are there any restrictions on countries that are eligible for USCIS Premium Processing?
Yes, certain countries are ineligible for Premium Processing. USCIS restricts premium processing for petitions filed on behalf of citizens and nationals of certain countries due to visa availability concerns and special circumstances. These countries are:
– Afghanistan
– Algeria
– Bangladesh
– Burundi
– Central African Republic
– China (mainland born)
– Cuba
– Democratic Republic of the Congo
– Egypt
– Eritrea
– India
– Iran
– Iraq
– Ivory Coast (Cote d’Ivoire)
– Jamaica
– Liberia
– Morocco
– Nepal
– Nigeria
– Pakistan
– Sierra Leone
– Somalia
– South Sudan
– Sudan
– Syria
– Tunisia
– Vietnam
12. Are certain categories of applicants more likely to receive approval of their T Visa application with USCIS Premium Processing?
Unfortunately, there is no definitive answer to this question as all T Visa applications are evaluated on a case-by-case basis and USCIS does not make any special considerations for certain categories of applicants. However, it is generally accepted that applicants with strong evidence of trafficking or who have cooperated with law enforcement may have a better chance of approval with Premium Processing than those without such evidence or cooperation.
13. How do I know if my application for a T Visa is approved or denied with USCIS Premium Processing?
You will receive a notification from USCIS via mail or email as to whether or not your T Visa application has been approved or denied with USCIS Premium Processing. You can also check the status of your application online at the USCIS website.
14. Are there any exceptions to the usual processing time for a T Visa application with USCIS Premium Processing?
Yes, there are exceptions to the usual processing time for a T Visa application with USCIS Premium Processing. The USCIS may process any application with Premium Processing within 15 calendar days, depending on the complexity of the application and the availability of resources. However, certain applications such as those involving mental health or national security issues may take longer than 15 calendar days to process.
15. Can I add additional documents after submitting my application with USCIS Premium Processing?
Yes, you can add additional documents after submitting your application with USCIS Premium Processing. However, you will need to contact USCIS directly to provide the additional documents.
16. Can I change my address or contact information after submitting my application with USCIS Premium Processing?
Yes, you can. You must use Form AR-11 to update your address or contact information with USCIS.
17. Is it possible to expedite my application for a T Visa using other methods?
No. The processing times for the T Visa are determined by the US Department of State. There is no way to expedite the process using other methods.
18. Are there any restrictions on where people can work in the U.S. after obtaining a T Visa?
Yes, people with a T visa are only permitted to work in the U.S. if their employment is related to the trafficking situation that led them to apply for the visa. Additionally, they must receive permission from USCIS before beginning any kind of employment in the United States.
19. What type of employment authorization do I need in order to work in the U.S. after obtaining a T Visa?
To work in the U.S. after obtaining a T Visa, you will need to apply for an Employment Authorization Document (EAD). An EAD is a document issued by the U.S. Citizenship and Immigration Services (USCIS) that authorizes you to work in the U.S. for a specific period of time.
20. Are there any additional requirements that must be met in order to maintain valid status in the U.S. after obtaining a T Visa?
Yes. After obtaining a T Visa, the individual must meet the following requirements in order to maintain valid status in the U.S.:
• Maintain continuous physical presence in the U.S.
• Cooperate in any reasonable request for assistance in the investigation or prosecution of the trafficking violation
• Comply with any reasonable request for assistance in a T visa eligibility determination or in the preparation of a T visa application for another individual
• Not engage in any unlawful activity
• Not become a public charge