The U.S. T nonimmigrant status, commonly known as the T visa, is a form of immigration relief designed to protect victims of severe forms of human trafficking. This status allows victims to remain in the United States and cooperate with law enforcement in the investigation and prosecution of trafficking cases. If you believe you or someone you know is a victim of human trafficking, understanding the T visa and its eligibility requirements is crucial. This article provides a comprehensive overview of T nonimmigrant status, outlining who qualifies, how to apply, and what benefits are available.
Eligibility Criteria for T Nonimmigrant Status
To be eligible for T nonimmigrant status, you must meet several specific criteria. These requirements are in place to ensure that the T visa is granted to individuals who are genuinely victims of severe trafficking and are willing to assist in combating this crime. According to U.S. Citizenship and Immigration Services (USCIS), the eligibility requirements are as follows:
Victim of Severe Trafficking
You must be or have been a victim of a “severe form of trafficking in persons.” This is legally defined as:
- Sex trafficking: The recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purpose of a commercial sex act, in which the commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or
- Labor trafficking: 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.
Physical Presence Due to Trafficking
You 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 directly because of trafficking. This means there must be a direct link between your trafficking experience and your presence in the U.S.
Cooperation with Law Enforcement
You are generally required to comply with any reasonable request for assistance from law enforcement in the detection, investigation, or prosecution of human trafficking. However, there are exceptions to this requirement:
- Under 18: If you were under 18 years old at the time any act of trafficking occurred, you are exempt from the cooperation requirement.
- Trauma: If you are unable to cooperate due to physical or psychological trauma resulting from the trafficking, you may also be exempt. In these cases, you do not need to demonstrate cooperation with law enforcement.
Extreme Hardship Upon Removal
You must demonstrate that you would suffer extreme hardship involving unusual and severe harm if you were removed from the United States. This hardship must be a consequence of being returned to your country of origin and should be more than the typical hardship faced upon deportation.
Admissibility to the United States
Finally, you must be admissible to the United States. This means you must not have certain disqualifying factors in your past, such as specific criminal convictions or immigration violations. If you are inadmissible, you may be eligible to apply for a waiver of certain grounds of inadmissibility by filing Form I-192, Application for Advance Permission to Enter as a Nonimmigrant.
Applying for T Nonimmigrant Status: The Application Process
Applying for T nonimmigrant status involves submitting Form I-914, Application for T Nonimmigrant Status. There are no filing fees for T visa applicants, which helps ensure that victims are not financially burdened when seeking protection.
Key Application Steps
- Form I-914: Complete and submit Form I-914, providing detailed information about your trafficking experience and how you meet the eligibility criteria.
- Evidence: Gather and submit supporting evidence to demonstrate your eligibility. This may include personal statements, police reports, court documents, medical records, and any other documentation that supports your claim of being a trafficking victim.
- Safe Address: If you are concerned about your safety, you can use a safe mailing address on your application. USCIS will send all correspondence to this address, regardless of where you are currently living.
- Confidentiality: It is important to know that all information you provide in your T visa application is strictly confidential and protected by law. DHS can only share this information in very limited circumstances and cannot deny your application based solely on evidence provided by your trafficker.
Including Family Members in Your T Visa Application
The T visa also offers protection for certain eligible family members of trafficking victims. The ability to include family members depends on your age and whether your family members are in present danger of retaliation due to your escape from trafficking or cooperation with law enforcement.
Family Members in Present Danger of Retaliation
Regardless of your age, you can apply for the following family members if they are in present danger of retaliation:
- Parents
- Unmarried siblings under 18 years of age
- Children of any age or marital status of your eligible family members who are also granted derivative T nonimmigrant status.
Family Members Not in Present Danger of Retaliation
If your family members are not in present danger of retaliation, the categories of eligible family members depend on your age:
- If you are under 21 years old: You may apply for your spouse, unmarried children under 21 years old, parents, and unmarried siblings under 18 years old.
- If you are 21 years old or older: You may apply for your spouse and unmarried children under 21 years old.
To include eligible family members, you must file Form I-914, Supplement A, Application for Derivative T Nonimmigrant Status. This form can be filed at the same time as your Form I-914, while your application is pending, or even after you have been granted T nonimmigrant status.
Bona Fide Determination and Employment Authorization
USCIS has a process to provide deferred action and employment authorization to T visa applicants while their applications are pending if they are deemed “bona fide.” This process is designed to offer interim relief to victims while their cases are being fully adjudicated.
Bona Fide Determination Process
If USCIS determines that your T visa application is bona fide, meaning it is made in good faith and demonstrates potential eligibility, you may receive deferred action and be eligible to apply for employment authorization. To receive these benefits, you must file Form I-765, Application for Employment Authorization, under category (c)(40).
USCIS encourages applicants to file Form I-765 concurrently with Form I-914 to expedite the process of receiving deferred action and employment authorization.
Employment Authorization Documents (EADs)
- Principal Applicants: If you are granted T nonimmigrant status as the principal applicant, USCIS will automatically issue you an Employment Authorization Document (EAD) when your Form I-914 is approved. You do not need to file a separate Form I-765 initially, but filing it concurrently with your I-914 can speed up the bona fide determination process.
- Eligible Family Members: Family members in the U.S. who are granted derivative T status must file Form I-765 to request an EAD. Family members residing outside the U.S. are not eligible for an EAD until they are lawfully admitted to the United States.
Maintaining and Extending T Nonimmigrant Status
T nonimmigrant status is typically granted for a period of four years. However, there are circumstances under which you may be able to extend your status.
Extending Your Status
You can apply to extend your T nonimmigrant status by filing Form I-539, Application to Extend/Change Nonimmigrant Status. Extensions may be granted in certain situations, such as ongoing cooperation with law enforcement or other compelling reasons.
Path to Lawful Permanent Residence (Green Card)
T visa holders have a path to becoming lawful permanent residents (Green Card holders). You may be eligible to apply for a Green Card after:
- 3 years of continuous physical presence in the United States since being granted T nonimmigrant status, or
- Maintaining continuous physical presence in the U.S. during the investigation or prosecution of the trafficking that is now complete, whichever is earlier.
For detailed information on eligibility requirements for a Green Card as a T nonimmigrant, refer to USCIS resources on Green Cards for victims of trafficking.
Accessing Services and Benefits
Holding T nonimmigrant status makes you eligible for various federally funded benefits and services designed to support victims of trafficking. Even before receiving T status, victims of trafficking may be eligible for certain benefits.
Resources for Victims of Human Trafficking
If you or someone you know needs help or wants to report suspected human trafficking, resources are available:
- National Human Trafficking Hotline: 1-888-373-7888. This 24/7 hotline provides support, services, and information in over 200 languages. It is operated by Polaris, a non-profit organization.
Understanding what a T visa is and how it can help victims of human trafficking is the first step towards seeking protection and justice. If you believe you may be eligible for T nonimmigrant status, it is recommended to seek assistance from legal professionals or victim services organizations to navigate the application process and understand your rights.
