A T Visa is a special visa designed for victims of human trafficking. To be eligible for a T Visa, you must be a victim of sex trafficking or labor trafficking and be present in the United States because of that trafficking.
With a T visa, you can live and work in the United States for up to four years. After three years, you can apply for a green card if you meet specific criteria. The T visa offers a path to stability and a chance to build a new life.
T Visa Requirements
There are several requirements for T visa eligibility.
- You are or were a victim of severe human trafficking. Two categories qualify:
- Sex trafficking. When someone recruits, harbors, transports, provides, solicits, patronizes, or obtains a person for a commercial sex act, and the sex act is by force, fraud, or coercion, or the victim is under 18 years old.
- Labor trafficking. When someone recruits, harbors, transports, provides, or obtains a person for labor services using force, fraud, or coercion for involuntary servitude, peonage, debt bondage, or slavery.
- You are physically present in the United States, American Samoa, the Commonwealth of the Northern Marina Islands, or at a port of entry because you were trafficked.
- You have complied with any reasonable request from a law enforcement agency for assistance in detecting, investigating, or prosecuting human trafficking. Exceptions to this requirement include those under 18 years old or those unable to cooperate because of physical or psychological trauma.
- You prove you would suffer extreme harm if removed from the United States.
- You are admissible to the United States. If not, you may be eligible for a waiver of inadmissibility.
Applying for a T Visa
Applying for a T Visa is a complex and emotionally draining process due to the intricate immigration regulations and the traumatic experiences of the victims. Our compassionate immigration lawyers are here to guide you through this process and fight for your right to remain in the U.S. on a nonimmigrant T Visa.
Applying for a nonimmigrant T Visa includes the following:
Submitting Form I-914, Application for T Nonimmigrant Status, that includes a personal statement about what you are or were subjected to as a trafficked individual.
Providing evidence that you complied with any law enforcement requests for assistance or qualify for an exception. You may submit Form I-914, Supplement B, Declaration for Trafficking Victim, to show that you are a trafficking victim who has complied with law enforcement requests. You can also submit other evidence, including communication records with law enforcement, trial transcripts, court documents, police reports, news articles, affidavits, or other relevant documentation.
Presenting evidence that shows you meet all other eligibility requirements.
Offering evidence that demonstrates you are admissible, or Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, to seek a waiver if deemed inadmissible.
T Visa vs. U Visa
T visas and U visas are nonimmigrant visas created to protect victims of crimes. Additionally, T and U visa holders can remain in the U.S. for up to four years and apply for a U.S. green card.
T and U visas can both be classified as nonimmigrant visas for trafficking survivors. While there are many similarities, there are some key differences.
Type of Crime
T Visas are only for human trafficking victims.
U Visas are for victims of a broad range of crimes, including domestic violence, sexual assault, involuntary servitude, prostitution, rape, and many more violent crimes. Trafficking victims may also apply for a U visa.
Eligibility
T Visas require that victims must have been trafficked into the U.S. and cooperate with law enforcement in the investigation if they are 18 or older.
U Visas require that the crime must have occurred in the U.S., and the victim must be helpful with the investigation. If you are under 16 or cannot provide information due to a disability, someone may be appointed to assist law enforcement on your behalf.
Generally, it is advised that a human trafficking victim pursue a T visa rather than a U visa since it is specifically tailored for victims of human trafficking. An immigration lawyer can counsel you on which is best for your circumstances.
Immigration Relief for Trafficking Victims
T visas offer a safe and stable path for victims of human trafficking to stay in the U.S. They provide legal protection, justice for victims, and a chance to build a new life in the U.S.
Scott D. Pollock & Associates, P.C. is ready to help those seeking human trafficking visas. We are here to provide legal support, ensuring you don’t have to face this journey alone. We are committed to helping you stay in the United States and rebuild your life.
