T- Visa: Victims of Human Trafficking (I-914)

The T- visa is a form of protection offered to victims of severe human trafficking, allowing them to stay in the U.S. for up to four years if they assist law enforcement or qualify for exemptions. Eligible family members can also apply. T visa holders can work, access certain federal and state benefits, and may eventually adjust their status to become lawful permanent residents.

What is Human Trafficking?

Human trafficking, also known as trafficking in persons, is a crime in which traffickers use force, fraud, or coercion to compel individuals to provide labor or services, including commercial sex. Traffickers often take advantage of vulnerable individuals, including those lacking lawful immigration status. T visas offer protection to victims and strengthen the ability of law enforcement agencies to detect, investigate and prosecute human trafficking.

Under federal law, a “severe form of trafficking in persons” is:

• Sex trafficking: When someone recruits, harbors, transports, provides, solicits, patronizes, or obtains a person for the purpose of a commercial sex act, where the commercial sex act is induced by force, fraud, or coercion, or the person being induced to perform such act is under 18 years of age; or
• Labor trafficking: When someone recruits, harbors, transports, provides, or obtains a person for labor or services using force, fraud, or coercion for the purpose of involuntary servitude, peonage, debt bondage, or slavery.

Eligibility Requirements for a T-Visa

You may qualify for T nonimmigrant status if you:

• Are or were a victim of a severe form of human trafficking.
• Are physically present in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry due to being trafficked.
• Have complied with reasonable requests from law enforcement for help in detecting, investigating, or prosecuting human trafficking (unless you were under 18 during at least one instance of trafficking or are unable to cooperate due to physical or psychological trauma; in these cases, compliance may not be necessary).
• Can demonstrate that removal from the United States would cause you extreme hardship involving unusual and severe harm.

The Process

To apply for T nonimmigrant status, an individual needs to submit the Form I-914, Application for T Nonimmigrant Status, along with a personal statement detailing the trafficking they experienced, and they will need:

• Evidence showing that they complied with reasonable requests for assistance from law enforcement or that they qualify for an exception. They can include Form I-914, Supplement B, Declaration for Trafficking Victim, to support their claim of being a trafficking victim and their cooperation with law enforcement. Additionally, they may provide other supporting documents such as communication records with law enforcement, trial transcripts, court documents, police reports, news articles, affidavits, or other credible evidence.
• Proof that they meet all other eligibility criteria.
• Evidence demonstrating their admissibility, or Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, if they are seeking a waiver for any grounds of inadmissibility.

Eligible Family Members

Certain eligible family members may qualify for T nonimmigrant status. Regardless of their age, an individual may apply for the following family members if they are in present danger of retaliation due to the individual’s escape from trafficking or cooperation with law enforcement:

• Their parents.
• Their unmarried siblings under 18 years of age; and
• The children of any age or marital status of their eligible family members have been granted derivative T nonimmigrant status.

If family members are not in immediate danger, the following conditions applies:

• If the individual is under 21: They may apply for their spouse, unmarried children under 21, parents and unmarried siblings under 18.
• If the individual is 21 or older: They may apply for their spouse and unmarried children under 21.

Benefits of the T-Visa

The T-Visa allows victims to remain in the United States to heal, stabilize, and assist law enforcement agencies in the detection, investigation, and prosecution of human trafficking cases.

If your application is approved as a principal T-1 nonimmigrant, you are authorized to work. You may need to file Form I-765, Application for Employment Authorization, to get an Employment Authorization Document (EAD), depending on whether you are a principal applicant or eligible family member.

T- nonimmigrant status is valid for up to 4 years. Extensions are available in certain limited circumstances. After 3 years, you may be eligible for permanent resident status after you have been continuously physically present in the United States for 3 years after being lawfully admitted as a T nonimmigrant. In certain circumstances, you may be eligible for a Green Card earlier, if you meet additional requirements for adjustment of status to lawful permanent resident.

Experienced Attorneys at Your Side

Our law firm understands the unique barriers and obstacles faced by trafficking survivors, and we are willing to help you in the process helping to increase the chances of a successful outcome. We understand that this is an incredibly delicate process, and we will work assiduously to ensure your rights are respected every step of the way.

Contact us today to schedule a consultation and let us be your trusted advocates who can guide you towards a brighter future.