1. What is a T visa for trafficking victims?

A T visa is a type of visa specifically for victims of human trafficking. It provides protection and the means for victims to remain in the United States and eventually become permanent residents. The visa is available to individuals who have been subject to severe forms of trafficking in persons, have complied with any reasonable request for assistance in the investigation or prosecution of acts of trafficking, and have suffered substantial physical or mental abuse as a result. The T visa also provides temporary benefits for victims, including work authorization, eligibility for public benefits, and access to health care services.

2. How can I apply for a T visa?

You must submit a Form I-914, Application for T Nonimmigrant Status, and the appropriate supporting documentation to U.S. Citizenship and Immigration Services (USCIS). You can find the form and more information on how to apply for a T visa on the USCIS website.

3. What evidence do I need to prove I am a victim of human trafficking?

The evidence you need to prove you are a victim of human trafficking depends on the situation. You may need documents such as travel documents, letters or emails sent to you, and/or witness testimonies. It is also important to provide evidence of any physical or psychological abuse you may have experienced. Additionally, any medical records or psychological evaluations can be important evidence.

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

The processing time for a T visa application depends on the individual case, but typically takes around six to nine months.

5. Are there any fees associated with the T visa application?

Yes, there are fees associated with the T visa application. The application fee for the T visa is $290. Additionally, there may be biometrics fees and/or other fees associated with the application process.

6. How many years does the T visa last?

The T visa is issued for up to four years.

7. Is there an age limit for a T visa applicant?

No, there is no age limit for T visa applicants. All applicants under age 21 will receive automatic derivative status and can apply for their own T visa. Applicants over the age of 21 must demonstrate that they have been subjected to severe forms of human trafficking in order to be eligible for a T visa.

8. Is there a maximum number of visas that can be issued each year?

Yes, the annual limits placed on the number of visas that can be issued each year are a key part of the overall immigration system and vary depending on the type of visa.

9. Can I travel outside the United States while my application is being processed?

If you travel while your application is still being processed, it could lead to a delay in the adjudication of your application or even a denial. You should speak with your attorney to determine if you can travel abroad while your application is pending.

10. How long after being granted a T visa can I work in the United States?

T visa holders may apply for work authorization from U.S. Citizenship and Immigration Services (USCIS) immediately upon being granted the visa. It usually takes USCIS 90 days or less to process the request and grant the applicant authorization to work in the U.S.

11. Is there access to public benefits for T visa holders?

Yes, T visa holders may access public benefits, such as healthcare and public assistance. However, it is important to be aware of the eligibility requirements for these benefits. Some states may restrict access for certain categories of people, such as those who are not permanent residents. Additionally, some programs may have different requirements based on the individual’s immigration status.

12. Are family members eligible to apply for a derivative T visa?

Yes, family members of U.S. citizens or lawful permanent residents who are victims of human trafficking may be eligible to apply for a derivative T visa.

13. What type of work is allowed under the T visa program?

The T visa program allows victims of human trafficking to temporarily remain in the United States and seek employment. Victims are also eligible for public benefits and services to assist in their recovery.

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

Yes, you may become a permanent resident of the United States if you have a T visa. After three years, you may be eligible to apply for a green card, depending on your circumstances.

15. Are there any restrictions on how long I can stay in the United States with a T visa?

The maximum period of stay for a T visa is four years. It may be extended in two-year increments up to a cumulative total of four years. After the four years, the individual must depart the United States or obtain another visa status in order to remain in the United States lawfully.

16. Does having a T visa affect my eligibility for other U.S. visas or green cards?

Having a T visa does not affect your eligibility for other U.S. visas or green cards. A T visa is available to those who have been victims of human trafficking and provides temporary legal status in the United States. It does not, however, provide an avenue for permanent residency or citizenship. As such, those who qualify for a T visa can still pursue other visas or green cards.

17. Are there any legal protections available to me after receiving the T visa?

Yes. After receiving a T visa, you may be eligible for certain legal protections, including employment authorization, access to public benefits, and protection from removal. Additionally, after three years, T visa holders are eligible to adjust their status and permanently reside in the United States.

18. What types of help are available to victims of human trafficking with their T visa applications?

Victims of human trafficking can receive help with their T visa applications from organizations like the National Human Trafficking Resource Center, which provides resources to victims and survivors of human trafficking. Additionally, many local organizations and NGOs provide assistance in filing paperwork for T visas and other forms of immigration relief. These organizations may provide legal representation, help with locating documents, and provide other resources victims may need to complete the process.

19. Can employers receive incentives for hiring victims of human trafficking with a T visa?

Yes, employers may receive incentives for hiring victims of human trafficking with a T visa. Incentives may vary by state, but could include tax credits, reduced insurance premiums, or reimbursements for job training and other costs.

20. Are there any special requirements for victims of human trafficking who wish to adjust their status to permanent resident in the United States with their T visa?

Yes, there are special requirements for victims of human trafficking who wish to adjust their status to permanent resident in the United States with their T visa. They must have been physically present in the US for a continuous period of at least 3 years since their admission as a T-1 nonimmigrant; must not have unreasonably refused to cooperate with law enforcement authorities in the investigation or prosecution of acts of trafficking; and must demonstrate good moral character during the period of their stay in the US. Additionally, they must show that they continue to suffer extreme hardship involving unusual and severe harm if removed from the US.