T Visa - Protection for Human Trafficking Victims

Severe Forms of Trafficking in Persons

• Sex trafficking: Commercial sex act induced by force, fraud, or coercion
• Sex trafficking of minors: Any commercial sex act involving person under 18
• Labor trafficking: Recruitment, harboring, transportation, or obtaining person for labor through force, fraud, or coercion
• Involuntary servitude: Service or labor performed under coercion
• Debt bondage: Condition where debtor's services are security for debt
• Slavery and practices similar to slavery: Complete ownership and control over person

T Visa Qualification Criteria

• Must be or have been a victim of a severe form of trafficking in persons
• Must be physically present in the United States, American Samoa, or Commonwealth of the Northern Mariana Islands on account of trafficking
• Must have complied with reasonable requests from law enforcement (if 18 or older when trafficking began)
• Must demonstrate that removal would cause extreme hardship involving unusual and severe harm
• Must be admissible to the United States or eligible for waiver of inadmissibility
• Must not have participated in the persecution of others

Key Changes in 2024 T Visa Rules

• New bona fide determination process for qualifying applicants (effective August 28, 2024)
• Victim-centered and trauma-informed approach to application adjudication
• Updated 'any credible evidence' standard for supporting documentation
• Streamlined process for demonstrating law enforcement cooperation
• Enhanced protection for vulnerable applicants during processing
• Clarified extreme hardship factors and evidence requirements

T Visa Application Steps

T Visa Application Documents

• Form I-914 Application for T Nonimmigrant Status
• Personal statement detailing trafficking experience
• Evidence of trafficking victimization (medical records, photos, witness statements)
• Law enforcement reports or other evidence of cooperation
• Documentation of physical presence in United States
• Evidence of extreme hardship if removed from United States
• Birth certificate or other proof of identity and age
• Two passport-style photographs meeting USCIS specifications

Cooperation Requirements and Exceptions

• Adults (18+) must generally cooperate with reasonable law enforcement requests
• Cooperation includes reporting trafficking to authorities and assisting with investigation
• Trauma, physical or psychological incompetence may excuse cooperation requirement
• Minors (under 18) are not required to cooperate with law enforcement
• Cooperation must be reasonable - victims cannot be required to act as undercover agents
• Law enforcement includes federal, state, and local agencies investigating trafficking

Qualifying Family Members

• Spouse of T visa principal applicant
• Unmarried children under 21 of T visa principal applicant
• If T visa applicant is under 21: parents and unmarried siblings under 18
• Family members who face present danger of retaliation for trafficking victim's escape
• Derivative family members receive T visa status and benefits
• Same work authorization and permanent residence eligibility as principal

Adjustment of Status Requirements

• Eligible to apply after 3 years of continuous physical presence in T status
• Must demonstrate good moral character during T visa period
• Must show compliance with reasonable law enforcement requests
• May be eligible with less than 3 years if investigation/prosecution is complete
• File Form I-485 Application for Adjustment of Status
• Include family members in adjustment application if eligible

Available Services for T Visa Holders

• Access to federal benefits including food stamps, Medicaid, and housing assistance
• Victim services through Office for Victims of Crime and other organizations
• Legal assistance through pro bono programs and legal aid organizations
• Mental health counseling and trauma-informed care services
• Employment authorization and job placement assistance
• Educational support and English language learning programs
• Safe housing and emergency shelter services