The T visa is crucial in the fight against human trafficking, but applying for one can be complicated. Victims often need help from legal experts and support professionals who specialize in immigration and trafficking-related issues.
In this guide, we’ll explain the eligibility requirements and the process of applying for a T visa.
What is the T Visa?
The T visa, also known as T nonimmigrant status, is a special visa for victims of human trafficking who are in the United States as a result of trafficking. Established in 2000 under the Victims of Trafficking and Violence Protection Act, the T visa helps victims escape exploitation, get protection, and eventually build a new life in the U.S.
T Visa Eligibility Requirements
To qualify for a T visa, you must meet specific criteria outlined in the Victims of Trafficking and Violence Protection Act. The requirements are:
- Victim of Trafficking: You must be a victim of a severe form of human trafficking, such as forced labor, involuntary servitude, or commercial sexual exploitation.
- Physical Presence in the U.S.: You must be in the U.S. or at a U.S. port of entry because of trafficking.
- Cooperation with Law Enforcement: You must cooperate with law enforcement in investigating or prosecuting traffickers. If you are under 18 or unable to cooperate for physical or psychological reasons, this requirement may be waived.
- Fear of Harm or Retaliation: You must show that you would suffer extreme hardship or harm if removed from the U.S.
How to Apply for a T Visa
To apply for a T visa, you must file Form I-914 (Application for T Nonimmigrant Status) with U.S. Citizenship and Immigration Services (USCIS). You may also need to submit additional documents, such as:
- Personal Statement: A description of your trafficking experience and why you qualify for the visa.
- Supporting Evidence: Documents like medical records, police reports, affidavits, or other evidence of your trafficking experience.
- Form I-914, Supplement B: This form must be completed by law enforcement to confirm your cooperation with the investigation.
Including Family Members in Your T Visa Application
Certain family members of T visa applicants may also be eligible for T visa status. These include:
- Spouses and Children of T visa applicants.
- Parents and Siblings may also qualify under certain circumstances, depending on the age of the applicant and if the family members face potential retaliation due to the trafficking situation.
To include a family member, you must file Form I-914, Supplement A (Application for Family Member of T-1 Recipient). This can be filed along with your T visa application or after it is approved.
T Visa Cost
There is no fee to apply for a T visa. You may also request fee waivers for other forms related to the application, such as:
- Form I-765 (Application for Employment Authorization)
- Form I-131 (Application for Travel Document)
- Form I-485 (Adjustment of Status)
T Visa Timeline
The processing time for a T visa depends on the current caseload of USCIS and the specific details of the application. At present, all T visa applications are processed at the Vermont Service Center.
You can check the most current processing time estimates on the USCIS Processing Times Tool.
Frequently Asked Questions
What is the difference between a T visa and a U visa?
- The T visa is specifically for victims of human trafficking, providing immigration relief to individuals who have faced severe trafficking.
- The U visa, on the other hand, is available to victims of a wider range of qualifying crimes, not just trafficking. The U visa encourages cooperation with law enforcement and requires a certification of cooperation in an ongoing criminal investigation.
How long does the T visa last?
T visa holders are generally allowed to stay in the U.S. for up to four years, with the possibility of extending their status in certain cases.
Can you travel outside the U.S. with a T visa?
Yes, T visa holders can apply for a travel permit using Form I-131 (Application for Travel Document). You must receive approval for the travel permit before leaving the U.S.
Can T visa holders apply for a green card?
After holding T visa status for three years and meeting specific requirements, T visa holders may be eligible to apply for a green card (lawful permanent residency).
The T visa offers critical protection to victims of human trafficking, allowing them to escape abuse, seek safety, and begin rebuilding their lives in the United States. However, applying for a T visa can be complex and requires detailed documentation. If you are a victim of trafficking, seeking legal advice from an expert in immigration and human trafficking cases is highly recommended.
