The T visa is a US non-immigrant visa that is issued to victims of human trafficking. To assist victims of criminal activities and human trafficking, in 2000, the US Congress passed the Victims of Trafficking and Violence Protection Act and the Battered Immigrant Women’s Protection Act.
T Visa Requirements
To be eligible for the T visa, you must fulfill several requirements, as follows:
- Be a victim of human trafficking as defined and in legal documents.
- Currently be within the US, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a US port of entry
- Be willing to cooperate with law enforcement agencies to help in their investigation. Children under the age of 18 and victims of substantial physical or mental trauma are exempt from this requirement.
- Show that being sent back from the US would result in extreme hardship or severe harm.
Definition of human trafficking for T visa
To qualify as victims of human trafficking, those who are adults must prove at least one of the three elements below:
- Process of trafficking – which must include either recruitment, transferring, transportation, harboring, or receiving someone against their will.
- Means of trafficking – which must include either coercion, threat, fraud, abduction, deception, deceit, or abuse of power.
- Goal of trafficking – which must include either pornography, prostitution, violence, forced labor, sexual exploitation, debt bondage, involuntary servitude, or slavery.
On the other hand, children must show only Process or Goal of trafficking elements. In addition to these three elements, the victim must have been trafficked into the US and be in the country.
Supporting Documents for a T Visa Application
To apply for the T visa, the applicant must submit the following:
- A completed Form I-914, Application for T Nonimmigrant Status.
- Completed Form I-914, Supplement B, Declaration of Law Enforcement Officer for Victim of Trafficking in Persons. This is a certification that you are a victim of human trafficking as proven by law enforcement agencies.
- 3 passport sized photographs.
- Other evidence to show proof that you meet the eligibility criteria.
What Are the Benefits of the T Visa?
Once the T visa is given to the victim of human trafficking, they are automatically given benefits that are similar to those that refugees get. The US Department of Health and Human Services and Office of Refugee Resettlement must certify that the person was a victim to qualify for those benefits.
In addition, the T visa holder automatically gets an Employment Authorization Document (EAD) without needing to apply for one. The EAD grants them the right to work in any legal activity, part or full time, and at whatever period they choose to.
How to Apply for a T visa?
The T visa application procedure is fairly simple. Contrary to the U visa application procedure, where the applicant can either be in the US or outside, the applicant must be inside the US to be eligible for a T visa application. This means that they do not need to go through a US Embassy, but apply directly to the Vermont Service Center or USCIS.
The application for a T-visa is free of charge, but there are fees for filing the forms. To avoid paying these fees, you can file the form to waive them, Form I-912, Request for Fee Waiver.
How Long Does it Take to Get a T Visa?
The processing time for the T visa varies based on the evidence that the applicants give. USCIS does not give an estimate or a time that applicants will have to wait for their visa to be processed after applying.
How Long is the T visa valid?
The T visa is valid for a maximum of 4 years. After this period expires, the person must return to their home country or face legal issues. However, under exceptional circumstances, the person can apply for an extension or change of status with USCIS.
This is done by filing Form I-539, Application to Extend/Change Nonimmigrant Status, and evidence as to why the person should continue remaining in the US after their T visa expired.
Is There a Cap for the T Visa?
In any fiscal year, a maximum of 5,000 T visas can be issued by the US Citizenship and Immigration Services (USCIS). If there are more valid applications that surpass this cap, USCIS has the right to put these applications on hold, grant them EADs so they can work, and then give them T visas once they are available.
Can I get a Green Card on a T visa?
As a primary T visa holder, you also have the option of filing for permanent residence and not just extension of status. If you are approved, then you get a Green Card and can remain in the US with all the rights that permanent residents have.
To be eligible for the Green Card, you must meet these requirements:
- You must have been in the US for at least 3 years on a T visa.
- You must have assisted with the investigation for the human trafficking crime you were a victim of.
- You must pass a good character assessment.
- You must prove that you would suffer extreme hardship if you were returned to your home country
- You must be admissible in the US.
If you meet the eligibility criteria, then you can file Form I-485, Application to Register Permanent Residence or Adjust Status. Based on this, your application will be processed and a response will be given to you. During the time you await response for your status, you can continue working.
Can my Family and Dependents Accompany me With a T Visa?
The spouse, children, parents, and siblings may accompany the applicant to the US with a T visa.
To apply, you must file Form I-914, Supplement A, Application for Immediate Family Member of T-1 Recipient. The form can be filed at the same time as your application or after you as the primary T-1 visa holder get your visa.
The derivative visas are for dependents and family members, while the principal visa is for the victim:
- T-2 visa is for the spouse of the T-1 visa holder. The US only recognized marriages that can be proven through a valid marriage certificate and does not accept multiple spouses.
- T-3 visa is for the children of the T-1 visa holder, which can be proven with a valid birth certificate.
- T-4 visa is for the parents of the T-1 visa holder. The T-1 visa holder must be under 21 years old for the parents to qualify for a T-4 visa.
- T-5 visa is for the unmarried siblings of the T-1 visa holder. The siblings must be under 18 years old, while the T-1 visa holder must be under 21 years old.
What is the Difference With the U Visa?
Different from the T visa, the U visa is issued to victims of serious crimes that have happened to the victim while in the US.