Congress established the T Visa category for certain victims of severe forms of human trafficking in which the victim ends up in the United States as a result of the trafficking. The T-1 Visa, for the victim, is intended both as a powerful form of relief for the victim and a potent incentive for the victim to assist (with narrow exceptions) authorities in the investigation and prosecution of dangerous human traffickers. Furthermore, certain family members of T-1 Visa beneficiaries are eligible for derivative T Visas (T-2, T-3, T-4, T-5, and T-6 Visas).
Requirements
There are some criteria you will need to meet in order to be eligible for the T Visa. First, you will need to have been in the U.S., American Samoa, Commonwealth of the Northern Marian Islands, or a port of entry as a result of trafficking. You will also need to show that removal from the United States would cause difficulty for you. Thankfully, courts are very sympathetic to the plights of victims of human trafficking and do not usually press this question too hard.
If you are over 18 and not suffering severe physical or psychological trauma, you will also be required to comply with any reasonable request from law enforcement that will assist in the prosecution of the people responsible for your human trafficking.
To apply for a green card as a T-1 nonimmigrant (principal), you must meet the following conditions:
- You have been physically present in the United States for a continuous period of at least 3 years since the first date of admission as a T-1 nonimmigrant.
- You have been physically present in the United States for a continuous period during the investigation or prosecution of acts of trafficking, and the Attorney General has determined the investigation or prosecution is complete, whichever period of time is less.
- You have been a person of good moral character since first being admitted as a T-1 nonimmigrant and until the decision on your Form I-485.
- You have complied with any reasonable request for assistance in the investigation or prosecution of acts of trafficking since first being admitted as a T-1 nonimmigrant and until a decision on your Form I-485.
- You would suffer extreme hardship involving unusual and severe harm upon removal from the United States.
- You are admissible to the United States as a permanent resident.
- Severe forms of trafficking include sex trafficking, involuntary servitude, debt bondage, peonage, and slavery.
- T visa holder may confer derivative T status to a spouse, child, parent, and unmarried siblings under 18 years of age. T visa holders also are eligible for employment authorization and medical and social service benefits. The annual cap on T visas is 5,000 per year. A T visa is granted for three years; at the expiration of the three-year period, the T visa holder is eligible to apply for permanent residency within 90 days.
Procedure to Apply for T Nonimmigrant Status (T Visa)
Form I-914, Application for T Nonimmigrant Status, including a personal statement explaining in your own words how you were a victim of trafficking
- Form I-914, Supplement A, Application for Immediate Family Member of T-1 Recipient (PDF) (if applicable)
- Evidence to establish that you complied with reasonable requests from law enforcement, if applicable. You may submit Form I-914, Supplement B, Declaration of Law Enforcement Officer for Victim of Trafficking in Persons (PDF) to demonstrate that you are a victim of trafficking and that you have complied with any reasonable request to assist law enforcement. However, you may also choose to submit other evidence instead of or in addition to the Form I-914, Supplement B, such as trial transcripts, court documents, police reports, news articles, affidavits, or other relevant credible evidence.
- Evidence to show that you meet all other eligibility requirements
- Form I-192, Application for Advance Permission to Enter as a Nonimmigrant (if you are inadmissible)