Human trafficking is a severe crime that affects millions worldwide, including within the United States. Recognizing the vulnerability of trafficking victims and the importance of supporting their recovery and cooperation with law enforcement, the U.S. Congress created the T Nonimmigrant Status, often referred to as the T visa. But What Is T nonimmigrant status and how can it help victims of human trafficking? This article will provide a comprehensive guide to understanding the T visa, its eligibility requirements, application process, and the crucial protections and benefits it offers.
Understanding T Nonimmigrant Status: Providing Protection to Victims of Trafficking
The T visa is a form of immigration relief specifically designed for individuals who have been victims of severe forms of human trafficking and are willing to assist law enforcement in the investigation or prosecution of trafficking cases. It offers a pathway to legal status in the United States, allowing victims to live and work in the country while they rebuild their lives and contribute to bringing traffickers to justice.
Defining Severe Forms of Trafficking in Persons
To understand what is t visa truly means, it’s essential to define “severe forms of trafficking in persons.” According to U.S. law, this encompasses two primary categories:
- Sex Trafficking: This involves the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act, where such an act is induced by force, fraud, or coercion, or if the person induced to perform such an act is under 18 years of age.
- Labor Trafficking: This involves the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
It’s important to note that force, fraud, or coercion doesn’t necessarily mean physical violence. It can also include psychological manipulation, threats, deception, and abuse of power to control and exploit victims.
Key Eligibility Criteria for T Nonimmigrant Status
To be eligible for T nonimmigrant status, applicants must meet several specific criteria. These requirements are designed to ensure that the T visa is granted to genuine victims of trafficking who are willing to cooperate with authorities. The main eligibility requirements include:
-
Victim of Severe Trafficking: The applicant must be or have been a victim of a severe form of trafficking in persons, as defined above. This is the core requirement for what is t visa eligibility.
-
Physical Presence in the U.S.: The applicant must be physically present in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a U.S. port of entry due to being trafficked. This presence is a direct result of the trafficking situation.
-
Cooperation with Law Enforcement: Applicants are generally required to comply with any reasonable request from a law enforcement agency for assistance in the detection, investigation, or prosecution of human trafficking. However, there are exceptions to this requirement:
- Under 18: If the applicant was under 18 years old when at least one act of trafficking occurred, they are exempt from the cooperation requirement.
- Trauma: If the applicant is unable to cooperate due to physical or psychological trauma resulting from the trafficking, they may also be exempt.
-
Extreme Hardship Upon Removal: The applicant must demonstrate that they would suffer extreme hardship involving unusual and severe harm if they were removed from the United States. This hardship must be a consequence of their trafficking experience and the potential dangers they might face if returned to their home country.
-
Admissibility to the U.S.: Generally, applicants must be admissible to the United States. However, if an applicant is inadmissible due to certain grounds, they may be eligible for a waiver of inadmissibility by filing Form I-192, Application for Advance Permission to Enter as a Nonimmigrant.
Understanding the legal documents and application process is crucial when applying for T Nonimmigrant Status.
Applying for T Nonimmigrant Status: A Step-by-Step Guide
Understanding what is t visa and confirming eligibility is only the first step. To formally seek T nonimmigrant status, victims must navigate the application process with U.S. Citizenship and Immigration Services (USCIS).
Required Forms and Fee Exemption
To apply for T nonimmigrant status, principal applicants must submit Form I-914, Application for T Nonimmigrant Status. It is important to note that applicants for T nonimmigrant status, as well as those who already hold T status, are exempt from paying fees for all forms related to obtaining this status, including adjustment of status to a Green Card in the future.
Safe Address and Confidentiality Protections
Recognizing the sensitive nature of trafficking cases and the potential danger victims may face, USCIS provides crucial confidentiality protections. Applicants who fear receiving mail at their home address can use a safe alternative address for all correspondence with USCIS. This safe address does not need to be the applicant’s residence.
Furthermore, all information provided by applicants during the T visa application process is strictly confidential and protected by law. DHS (Department of Homeland Security) can only share this information in very limited circumstances, ensuring that the application process itself does not put victims at further risk. Crucially, USCIS cannot deny an application based solely on evidence provided by the trafficker.
Including Eligible Family Members in Your T Visa Application
The T visa not only provides protection for direct victims of trafficking but also offers a pathway for certain eligible family members to obtain derivative T nonimmigrant status. This recognition of family unity is a vital aspect of what is t visa aims to achieve – holistic support for victims and their families.
Family Members in Present Danger of Retaliation
In situations where family members are in present danger of retaliation due to the victim’s escape from trafficking or cooperation with law enforcement, a broader range of family members can be included in the application, regardless of the principal applicant’s age. This includes:
- Parents
- Unmarried siblings under 18 years of age
- Children of any age or marital status of eligible family members who are granted derivative T status.
Family Members Not in Present Danger
If family members are not in present danger of retaliation, the eligibility for derivative T status depends on the principal applicant’s age:
- Under 21 years old: Can apply for:
- Spouse
- Unmarried children under 21 years old
- Parents
- Unmarried siblings under 18 years old
- 21 years old or older: Can apply for:
- Spouse
- Unmarried children under 21 years old
To apply for derivative T status for eligible family members, Form I-914, Supplement A, Application for Derivative T Nonimmigrant Status, must be filed. This form can be submitted concurrently with the principal applicant’s Form I-914, while the principal application is pending, or even after the principal applicant has already obtained T nonimmigrant status.
Family unity is an important consideration in T Nonimmigrant Status, allowing for certain family members to also receive protection.
Bona Fide Determination and Deferred Action: Immediate Relief for Applicants
While the full T visa application is being processed, USCIS has a process to provide immediate relief to applicants with pending, bona fide T nonimmigrant status applications. This is a crucial aspect of support for victims, addressing their urgent needs while their case is being reviewed.
Receiving Deferred Action and Employment Authorization
Through the bona fide determination process, USCIS can grant deferred action and employment authorization to applicants whose T visa applications are deemed bona fide, meaning they are legitimately filed and contain sufficient initial evidence. For applications filed on or after August 28, 2024, a modified bona fide determination process is in effect.
To receive deferred action and employment authorization, applicants must file Form I-765, Application for Employment Authorization, under category (c)(40). USCIS strongly encourages applicants to file Form I-765 concurrently with their Form I-914 or Form I-914, Supplement A. Filing concurrently significantly speeds up the process of receiving employment authorization.
It is important to note that for principal applicants with derivative family members, the family members will not receive deferred action and employment authorization until the principal applicant has received their own deferred action and employment authorization.
Employment Authorization: Working Legally in the United States
Employment authorization is a critical benefit of T nonimmigrant status, enabling victims to become self-sufficient and rebuild their lives. The process for obtaining an Employment Authorization Document (EAD), also known as a work permit, varies slightly for principal applicants and eligible family members.
Employment Authorization for Principal Applicants
If a principal applicant is granted T nonimmigrant status, USCIS will automatically issue an EAD at the same time as approving Form I-914. The information from Form I-914 is used to generate the EAD, and principal applicants do not need to file a separate Form I-765 to receive their initial EAD upon approval of their T visa.
However, as mentioned earlier, to receive a bona fide determination for deferred action and employment authorization while the application is pending, principal applicants must submit Form I-765 concurrently with Form I-914.
Employment Authorization for Eligible Family Members
Eligible family members who are included on Form I-914, Supplement A, and are living in the United States must file Form I-765 if they wish to apply for an EAD. They can file Form I-765 together with Form I-914, Supplement A, or at a later date. Family members living outside the United States are not eligible for an EAD until they are lawfully admitted to the U.S.
An Employment Authorization Document (EAD) is a crucial step in helping T Nonimmigrant Status holders rebuild their lives.
Maintaining T Nonimmigrant Status and the Path to a Green Card
T nonimmigrant status is typically granted for a period of 4 years. In certain circumstances, it may be possible to extend T status by filing Form I-539, Application to Extend/Change Nonimmigrant Status.
Furthermore, T visa holders have a path to lawful permanent residence (a Green Card). After 3 years of continuous physical presence in the United States since being granted T status, or if they maintained continuous physical presence during the investigation or prosecution of trafficking which is now complete (whichever comes earlier), they may be eligible to apply for a Green Card as a victim of trafficking.
Eligibility for Services and Benefits: Support for Victims’ Recovery
Beyond legal status and employment authorization, what is t visa truly offers is access to critical federally funded benefits and services designed to support victims of human trafficking. Even individuals who are victims of trafficking but have not yet obtained T nonimmigrant status may be eligible for certain benefits and services. These support systems are crucial for victims’ recovery, safety, and integration into society.
Resources and Support: Where to Get Help
Navigating the complexities of human trafficking and the T visa application process can be overwhelming. Fortunately, numerous resources are available to provide assistance and support.
National Human Trafficking Hotline: For immediate help, to report suspected human trafficking, or to access support services, call the National Human Trafficking Hotline at 1-888-373-7888. This toll-free hotline operates 24/7, in over 200 languages, and is a vital resource for victims and those who want to help. It is operated by Polaris, a non-governmental organization dedicated to combating human trafficking.
Understanding what is t nonimmigrant status is the first step towards accessing safety and support for victims of human trafficking. If you or someone you know may be a victim of human trafficking, seeking help and exploring the possibility of T visa eligibility can be a life-changing step towards recovery and justice.
