MON – FRI (8am - 6pm)
The T visa, also known as T nonimmigrant status, is specifically designed for victims of severe human trafficking. T visa eligibility applies to individuals who have been victims of either sex trafficking or labor trafficking, as defined under federal law.
This visa allows qualified individuals to remain in the United States for an initial period of up to four years. Additionally, those who meet T visa eligibility criteria are granted work authorization and access to certain federal and state benefits, providing essential support during their stay in the U.S.
The primary purpose of the T visa is to protect victims of human trafficking and to assist law enforcement in prosecuting traffickers. By granting temporary legal status, the T visa offers victims a safe haven.
In addition to protection, those who meet T visa eligibility requirements can apply for lawful permanent residency after maintaining three years of continuous physical presence in the U.S. or after the completion of the trafficking investigation.
Beyond legal protection, the T visa also enables victims to obtain employment authorization, allowing them to work legally in the United States. This not only helps victims regain financial independence but also aids in their integration into society. The visa's provisions for family reunification further contribute to the healing process, as qualifying family members can also be granted T visa status.
Understanding the T visa eligibility criteria is essential for anyone seeking this form of relief. The following lines detail the most important points. It's important to have the support of a T visa attorney. Contact us for expert guidance.
One of the primary criteria for T visa eligibility is being a victim of a severe form of trafficking. Sex trafficking occurs when an individual is coerced, forced, or defrauded into commercial sex acts. If the victim is under 18 years old, any involvement in commercial sex qualifies as trafficking. Labor trafficking involves the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services through force, fraud, or coercion.
To qualify for a T visa, applicants must demonstrate that they are physically present in the U.S. as a result of trafficking. In some cases, a victim may have been brought to the U.S. for participation in a trafficking-related investigation or prosecution. These individuals can also qualify for a T visa if they demonstrate that their continued presence is related to their cooperation.
A fundamental eligibility criterion for the T visa is the applicant’s cooperation with law enforcement in human trafficking investigations. However, exceptions exist for those unable to cooperate due to trauma or if they were under 18 years old at the time, acknowledging the severe impact of trafficking on victims.
A key criterion for T visa eligibility is proving that the applicant would face extreme hardship if removed from the U.S. This can include the risk of re-trafficking, potential retaliation by traffickers, lack of access to essential medical or psychological care, or significant social stigma and discrimination upon return.
The T visa application process starts with submitting Form I-914, which requires detailed information about the applicant’s trafficking experience, including a personal statement. Supporting documentation such as medical records, police reports, and affidavits must accompany the form to corroborate the claims. Additionally, Form I-914 Supplement B, a declaration from law enforcement, can strengthen the application, though it’s not mandatory.
Proving victimization is a major challenge for T visa eligibility, as victims often lack documentation due to traffickers' control. Applicants must work with legal professionals to gather evidence. Additionally, cooperating with law enforcement can be difficult due to trauma. Understanding and documenting trauma-based exemptions is crucial for those unable to cooperate while still meeting eligibility requirements.
By providing legal protection and immigration relief to victims, T visa encourages survivors to come forward and assist in the investigation and prosecution of traffickers. This cooperation is vital for law enforcement.
Beyond its role in supporting law enforcement, the T visa is vital for protecting the rights and well-being of trafficking survivors. The visa allows survivors to stay in the U.S. legally.
The T visa’s provisions for family members are particularly important, as they allow survivors to be reunited with their loved ones in the U.S. This family reunification is a crucial aspect of the recovery process, offering survivors the emotional support and stability they need to move forward.
To strengthen a T visa application, it is essential to submit a wide range of supporting documents. These documents may include medical records, police reports, affidavits from witnesses, and any other evidence that can corroborate the applicant's trafficking experience and current situation in the U.S. Medical records can provide evidence of physical or psychological harm caused by trafficking.
In some cases, applicants may also need to submit Form I-914 Supplement B, which is a declaration from a law enforcement officer verifying that the applicant has cooperated in the investigation or prosecution of traffickers. While this form is not mandatory, it can significantly enhance the credibility of the application. Ensuring that all documentation is thorough and accurate is vital to the success of a T visa application. If you want to read more about T visa requirements click here
The T visa application process begins with the submission of Form I-914, Application for T Nonimmigrant Status. This form is the primary document through which applicants present their case to U.S. Citizenship and Immigration Services (USCIS). See how Form I-914 looks.
The form requires detailed personal information, including the applicant’s history of trafficking, current status in the U.S., and evidence of cooperation with law enforcement.
Along with Form I-914, applicants must provide a personal statement that details their trafficking experience. This narrative should be comprehensive, covering how the applicant was trafficked, the conditions they endured, and their current situation. The personal statement is a crucial component of the application as it helps USCIS understand the severity of the applicant's circumstances.
The T visa program allows certain family members of the principal applicant to apply for derivative T visas, ensuring victims of trafficking are not separated from their loved ones. T visa eligibility for family members include the spouse, children, parents, and unmarried siblings under 18, depending on the principal applicant’s age. To apply, the principal applicant must submit Form I-914 Supplement A, providing detailed information and evidence of familial relationships. Approved family members receive the same protections, including work authorization and access to public benefits. See how Form I-914 Supplement A looks.
Below are the Frequently Asked Questions (FAQs) about T visa eligibility, designed to provide you with comprehensive answers to common concerns and inquiries:
Form I-914 is the official application to obtain T nonimmigrant status, necessary for trafficking victims in the U.S. For personalized legal advice, reach out to Serving Immigrants.
They must submit Form I-914 Supplement A along with the main application to include eligible family members.
Recipients can work, access benefits, and after three years, they can apply for permanent residency in the U.S. To read about the transition from T visa to green card learn more here.
It is not strictly necessary, but an expert T visa attorney can assist in preparing the application, and providing legal support in case of complications. In serving immigrants we have the best team.
