We have already seen that the T visa visa is a visa for victims of human trafficking. Moreover, it can be the first step towards permanent residency. But how long does it take for the T visa to be approved? Today we’ll be able to look at what you need to know about T-visa processing and waiting times.
Obtaining a T-visa is not easy. The amount of paperwork, waiting times and the traumas of being a victim of trafficking make this a legally and emotionally difficult process. But at Urbina Immigration Law we can help you. Contact us and get the legal assistance you need.
Table of Contents
What is T-Status?
The T visa application is a process to obtain a visa for migrants who were brought into the country through trafficking-related crimes. This visa provides victims with a legal immigration status valid for 4 years. In addition, it opens the path to permanent residency through the adjustment of status process, among other benefits.
How long does it take for the T visa to be approved?
The waiting time for the T visa is usually 17 to 36 months. However, it is difficult to know the exact processing time, as it depends on several factors. Some of the most common causes of delay are:
- Missing documentation: If USCIS believes that the documentation submitted is insufficient or erroneous, it may request additional documents. These must be rechecked by USCIS, which delays the process.
- Lack of available visas: The U.S. Congress establishes a certain number of available T visas per fiscal year. If these are exhausted, you must wait for a visa to become available.
- USCIS workload: The USCIS workload at the time you file your application also affects processing times. The greater the number of applications filed, the longer the wait time tends to be.
- Need for supplemental applications: In some cases, you may need to file other applications in conjunction with your T-visa petition. This is the case for those who need an immigration waiver for a previous ground of inadmissibility. This involves additional processing time, which delays the rest of the T-visa process.
Delays in the T-visa process are very common. The large amount of documentation required and the delicate situation of the applicants often leads to errors that delay the application. That is why having an immigration attorney is extremely important. Talk to our professionals and avoid setbacks in your application.
How many T visas are issued per year?
As mentioned above, the U.S. Congress sets a cap on T visas for each fiscal year. This 2024, a limit of 5000 visas has been imposed. Once this quota is exhausted, you will have to wait for a visa to become available again. This is even if your application is approved. Therefore, it is important to apply as soon as possible.
Remember that the cap for each visa class changes from year to year. Therefore, it is best to consult with an attorney and check the USCIS website periodically. Do not risk your application by going through the process on your own. At Urbina Immigration Law we can help you. Tell us about your case and get personalized legal help today.
What is the success rate of a T visa application this 2024?
The likelihood of success of a T-visa application is another important factor when applying for this visa. According to USCIS data, the success rate of these applications is only 29%. The rejection rate, on the other hand, is almost 43%.
This is due to many factors, such as errors in documentation, number of visas available that year, etc. That is why having an immigration attorney can make all the difference. A professional can analyze your case and prepare it correctly. Do not put your application at risk. Contact us and get the legal help you need.
T Visa Benefits
The T visa application offers several important benefits. These include:
- Legal status in the United States for 4 years (with the possibility of renewal).
- Possibility to apply for a work permit (EAD) and work legally in the country.
- Possibility to legally travel abroad by means of a Travel Permit.
- Possibility of adjustment of status to permanent resident.
The T visa does not automatically guarantee permanent residency, but rather specific requirements and an additional process must be followed. For this reason, it is recommended to consult with an immigration attorney before proceeding. At Urbina Immigration Law we can help you. Talk to a lawyer and let’s work together on your application.
Who is eligible for the T visa?
Any T visa applicant 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 were to leave the United States.
- Be admissible to the United States, which implies not having any cause that prevents entry into the country.
- Collaborate with law enforcement agencies in the investigation or prosecution of crime.
If you have any grounds of inadmissibility, you can still explore other options such as a waiver. However, this process has its own requirements, documents and processing times. 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.
Documentation required for a T-visa application
To obtain your T visa, you must present the following documentation:
- Form I-914 (Application for T Nonimmigrant Status)
- Personal statement describing how he/she was a victim of human trafficking.
- Evidence of compliance with reasonable requests for assistance from law enforcement agencies (if applicable). May include Form I-914, Supplement B (Law Enforcement Officer’s Statement for Victims of Human Trafficking) or other evidence such as:
- Trial transcripts.
- Court documents.
- Police reports.
- Evidence demonstrating compliance with all other eligibility requirements.
- Evidence showing that you are admissible to the United States, or Form I-192 (Application for Advance Permission to Enter as a Nonimmigrant) in the case of inadmissibility.
- Payment of applicable fees (does not apply to Form I-914 or Form I-914A).
- To request a fee waiver on other forms related to your T status application, such as Form I-765, I-485, I-131, or I-192, see more information on fee waiver requests.
Remember that if you do not feel safe receiving mail from USCIS at your home, you can provide a safe address on your application. The confidentiality of your T status application is protected by law and USCIS can only share information in limited circumstances. Speak to an attorney for more details.
How is the T visa application process?
The T visa application process can be summarized in the following steps:
Step 1: Filing Form I-914
Step 2: Evidence of cooperation
Step 3: Payment or fee waiver
Step 4: Submit the application
Step 5: Secure address
Please note that, depending on your case, additional instances may arise. Therefore, it is essential to seek the help 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 is considered a “severe form of trafficking” under federal law?
– Sex trafficking: Recruitment, transportation, or exploitation of a person for commercial sex acts, induced by force, fraud, coercion, or if the victim is under the age of 18.
– Labor trafficking: Recruitment or exploitation of labor by force, fraud, or coercion for the purpose of slavery or involuntary servitude.
What does a victim’s cooperation in human trafficking investigations depend on?
Can I include family members in my T-visa application?
How can I apply for a green card through the T visa?
What is the difference between the T visa and the U visa?
Legal assistance for T-visa procedures
As we have seen, the T visa process is not at all simple. The approval rate for this kind of visa is very low. This is because of how easy it is to make mistakes that can not only delay your application, but also ruin it completely. This is why the help of a lawyer is invaluable.
A professional can support you and accompany you every step of the way, avoiding delays and costly mistakes. Do not risk your application by dealing with the immigration system on your own. At Urbina Immigration Law we can help you. Talk to an attorney today and take the first step towards a better future in the United States.
Sources
USCIS – Victims of Human Trafficking: T Nonimmigrant T Status
USCIS – I-914, Application for T Nonimmigrant Status
Other Resources
T Visa application: process, requirements and more details
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?
