The T visa is a special immigration status for victims of trafficking crimes. This is a special legal remedy that gives them legal status in the United States. Now, how does the T-visa work? What are the benefits? Today we will look at what you need to know about T status.
Applying for a visa is not an easy task. The immigration process is tough, especially when you have been a victim of one of the worst crimes in existence. At Urbina Immigration Law we know that applicants need legal help and support. You are not alone. Talk to a lawyer and let’s get on the road to your visa together.
Table of Contents
What is the T visa?
The T visa or T status is a visa for migrants who were brought into the country through trafficking-related crimes. It provides victims with a legal immigration status valid for 4 years. In addition, it opens the way to the permanent residence through the status adjustment process.
Requirements: How does the T visa work?
To apply for a T visa, you must meet the following requirements:
- Have been a victim of a severe form of trafficking.
- Having arrived in the United States, American Samoa or the Commonwealth of the Northern Mariana Islands as a victim of trafficking.
- Demonstrate that you would suffer extreme hardship related to exceptional personal injury if you leave the United States.
- Be admissible in the United States. This means that you must not have any cause that disqualifies you from entering the country.
- Collaborate with law enforcement agencies in the investigation or prosecution of crime.
If you have any cause for inadmissibility, do not despair. You can still apply for an immigration waiver or advance travel authorization to enter the country. However, these are different processes than the T-visa. Therefore, it is best to consult with an attorney. At Urbina Immigration Law we can help you. Tell us about your case and secure your stay in the United States.
Required Documentation
For your T visa application, you must submit certain documentation. Some of the main documents are:
- Form I-914 (Application for T nonimmigrant status).
- Personal statement explaining your situation and how you were trafficked.
- Supplement B to Form I-914 (Statement of a Law Enforcement Officer Law for a Victim of Human Trafficking).
- Supplement A to Form I-914, if necessary (Application for an Immediate Relative of a T-1 Visa Beneficiary).
- Form DS-160 (Online Nonimmigrant Visa Application).
- Court documents, police reports, newspaper articles or other credible evidence (if Supplement B is not submitted).
- Evidence of cooperation with law enforcement in the investigation and/or prosecution of this crime.
Please note that you may need extra documentation, such as an immigration waiver, for example. For this reason, it is essential to seek the assistance of an immigration attorney. He can tell you the documentation relevant to your case. Do not risk your application. Contact us and let’s get your paperwork in order.
What is considered a “severe form of trafficking” under federal law?
Under U.S. federal law, the following offenses are considered a “severe form of trafficking”:
- Sex trafficking: When someone recruits, harbors, transports, provides, solicits, sponsors, or obtains a person for the purpose of a commercial sex act. This is induced by force, fraud, coercion, and when the victim is under 18 years of age.
- Labor trafficking: When someone recruits, harbors, transports, provides, or obtains a person to perform labor or services through the use of force, fraud, or coercion for involuntary servitude, peonage, debt bondage, or slavery.
If you have been a victim of these crimes, it is extremely important that you seek legal help immediately. A lawyer can help you obtain a T-visa and the legal status you need. In addition, he can advise you on how to cooperate with law enforcement and defend you legally. Talk to a professional and get the legal help you need.
Types of T visas
There are several types of T visas depending on the applicant. In the following table you will find all the subclasses of this visa and their respective applicants.
| Type of visa T | Applicant |
| T-1 | Direct victim of human trafficking |
| T-2 | Spouse of T-1 visa holder |
| T-3 | Children of a T-1 visa holder |
| T-4 | T-1 visa holder’s parents |
| T-5 | Unmarried siblings under 18 years of age of T-1 visa holder |
Remember that the eligibility of family members depends on the age of the direct victim of trafficking. In addition, depending on your case, you may need certain additional documents. Therefore, it is best to consult with an immigration attorney. Do not jeopardize your application. Contact our attorneys and secure your case.
What is the T visa application process like?
The T visa application process can be summarized in the following steps:
Step 1: Filing Form I-914
Complete and file Form I-914 (Application for T Nonimmigrant Status). Remember to include your personal statement and the supporting documentation mentioned in previous sections. Any errors or missing documentation can delay or truncate the process. Therefore, it is best to seek the assistance of an immigration attorney.
Step 2: Evidence of cooperation
Gather and present evidence that demonstrates your cooperation with law enforcement agencies. You may use Form’s I-914 Supplement B, trial transcripts, court documents, police reports, etc.
Step 3: Payment or fee waiver
To apply for a T-visa, you do not have to pay any fees for Form I-914 and its supplements. However, you must pay the fees for Forms I-765, I-485, I-131, and I-192. Despite this, you may apply for a fee waiver. Therefore, it is best to consult with an attorney to make sure you qualify.
Step 4: Submit the application
Once you have gathered the necessary documentation, submit your application to USCIS. The agency will review your petition and make a decision. If approved, you will receive your T visa, which will give you a legal status valid for 4 years and the possibility to apply for permanent residency in the future.
Step 5: Secure address and confidentiality
If you do not feel safe receiving mail at home, include a safe address on your application in the mailing address field. You can inform USCIS of a change of address by following the instructions on the Change of Address Procedures for VAWA/T/U Cases and Form I-751 Abuse Waivers web page.
Please note that, depending on your case, extra instances may arise. Therefore, it is essential to seek the assistance of an immigration attorney. He or she can advise you every step of the way, avoiding mistakes that could cost you your visa. Don’t put yourself at risk by dealing with the system on your own. Tell us your case and get your T visa.
What are the benefits of the T visa?
Although the T visa brings with it multiple benefits, the main ones are:
- Provides legal status in the United States.
- It gives you the possibility to apply for an EAD to work legally in the country.
- It gives you the possibility to adjust your status to permanent resident after a few years in the United States.
Please note that the T visa does not provide residency by itself. To adjust your status, you must meet certain requirements and follow a separate process. Therefore, it is best to consult with an immigration attorney before proceeding. At Urbina Immigration Law we can help you. Talk to a lawyer and let’s process your green card together.
How long is a T visa valid for?
Generally, the T visa is valid for a period of 4 years. After this period, you may renew your status again. However, after you have served 3 years under T nonimmigrant status, you may apply for permanent residence.
How long does it take to process the T visa?
The processing time for a T-visa is typically 17 to 36 months. However, this varies depending on the specifics of your case and the USCIS workload. In addition, the process may be prolonged for any additional documentation requests.
How can I apply for a green card through the T visa?
You must file Form I-485 with USCIS. If you apply before completing 3 years as a T-immigrant, you will need a certification from the U.S. Attorney General. This indicates the conclusion of the investigation or prosecution of the trafficking acts.
What is the difference between the T visa and the U visa?
The T visa is focused on assisting victims of human trafficking. In contrast, the U visa is designed for victims of various crimes. Some of the most common include unlawful detention, kidnapping, extortion, etc. In addition, in order to obtain a U visa, a certification related to cooperation in an ongoing criminal investigation is required.
Can I include my family in my T-visa application?
Yes, Certain immediate family members of trafficked persons are eligible for the T-visa. Eligible members are:
Parents.
Children of any age or marital status.
Unmarried siblings under 18 years of age.
However, the eligibility of family members depends on the age of the victim. On the other hand, it also depends on whether they are in danger of reprisals for collaborating with law enforcement or escaping from their captors. Therefore, it is best to consult with an attorney regarding your eligibility. Tell us about your case and secure your application process.
T Visa approved, what’s next?
As we have seen, the T-visa is a great help for victims of trafficking. Once approved, it allows them to work and live legally in the country. However, it does not provide permanent status. For this, it is necessary to apply for adjustment of status 3 years after obtaining your visa.
But the process is long and challenging. It requires a lot of documentation and any errors can further delay your application. In addition, rejection could put you in deportation proceedings. Therefore, the help of a lawyer is essential. At Urbina Immigration Law we are here for you. Talk to a lawyer and take the first step towards your green card.
Sources
USCIS – Victims of Human Trafficking: T Nonimmigrant T Status
USCIS – I-914, Application for T Nonimmigrant Status
Other Resources
T Visa: How long does it take to be approved?
Once the T visa is approved, is it possible to travel?
How to obtain a Green Card in the United States – Updated Guide
Renewal of permanent residency in the United States: steps and documentation
What are the Green Card categories?
What is Form I-485 and how to apply for permanent residence
Permanent Residence for Victims of Violence or Crimes
Asylum Residency: Essential Information and Advice
VAWA Residency: A Complete Guide for Domestic Violence Victims
Types of crimes that qualify for the U Visa: What are they?
How to obtain legal permanent residence after obtaining a U visa?
