T Visa: Protection & Legal Status for Human Trafficking Victims
The T Nonimmigrant Visa (T Visa) is designed to protect victims of human trafficking who are currently in the U.S. and have suffered severe exploitation. This visa provides temporary legal status, work authorization, and a path to a Green Card, allowing victims to rebuild their lives.
What is a T Visa?
The T Visa is a humanitarian visa that allows victims of human trafficking to stay in the U.S. if they cooperate with law enforcement in investigating or prosecuting traffickers. It protects for up to 4 years, with the possibility of applying for a Green Card (permanent residency) after 3 years.
The T Visa is different from the U Visa, which is for victims of general crimes. The T Visa protects explicitly victims of trafficking who were forced, defrauded, or coerced into labor or sex work.
Eligibility Requirements for a T Visa
To qualify for a T Visa, applicants must:
- Be a victim of human trafficking (sex trafficking or labor trafficking).
- Be physically present in the U.S. due to trafficking.
- Suffer extreme hardship if removed from the U.S.
- Cooperate with law enforcement (unless under 18 or facing extreme trauma).
- Be admissible to the U.S. (or apply for a waiver).
Qualifying Types of Human Trafficking
The T Visa applies to victims of:
- Sex Trafficking: Forced prostitution, commercial sex acts under coercion, fraud, or threats.
- Labor Trafficking: Forced labor in agriculture, construction, domestic work, or other industries.
- Debt Bondage: Working under threat of harm due to unpaid debts.
- Involuntary Servitude: Being forced to work without pay, under threats or abuse.
Required Documents for a T Visa Application
- Form I-914 (Application for T Nonimmigrant Status)
- Form I-914, Supplement B (Law Enforcement Certification, if available)
- Personal statement detailing the trafficking experience
- Medical, psychological, or police reports documenting harm suffered
- Proof of cooperation with law enforcement (if applicable)
- Form I-192 (if applicable, for waiver of inadmissibility)
- Biometrics & background check results
Processing Time for a T Visa
- USCIS Review & Background Checks: 1–3 years (varies by case).
- T Visa Approval Duration: Valid for up to 4 years.
- Green Card Eligibility: After 3 years in T Visa status.
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How to Apply for a U Visa
File Form I-914 (Application for T Nonimmigrant Status)
- Submit Form I-914 to USCIS explaining the trafficking situation.
- Provide evidence of severe trafficking exploitation
Obtain Law Enforcement Certification (Optional – Form I-914, Supplement B)
- A law enforcement agency (FBI, police, prosecutors, or immigration officials) may certify that you are helping in an investigation.
- Certification is not required but strengthens the case.
Submit a Waiver (If Needed) – Form I-192
If you have specific inadmissibility issues (e.g., past visa overstays or criminal history), file Form I-192 (Application for Advance Permission to Enter as a Nonimmigrant).
Submit Evidence & Supporting Documents
- Attend a biometrics appointment Personal statement describing the trafficking experience.
- Proof of physical or psychological harm suffered.
- Documentation showing fear of returning to your home country.
for fingerprints and background checks.
Apply for a Waiver (If Needed) – Form I-192
- If you have past immigration violations or criminal records, submit Form I-192 to request a waiver.
Biometrics & Background Check
Attend a biometrics appointment for fingerprints and background verification.
Wait for USCIS Decision
- If approved, receive T Visa status for up to 4 years.
- If denied, USCIS may refer the case to an immigration judge.
Apply for a Green Card (Form I-485) After 3 Years
After 3 years in T Visa status, file Form I-485 to obtain a Green Card.
Processing Time for the IR-4 Visa
IR-4 visa processing times typically range from 6 months to 2 years, depending on:
- USCIS petition processing time
- The child’s country of origin and adoption process requirements
NVC document review and visa issuance timeline
Since the IR-4 is an immediate relative visa, there is no annual cap, allowing faster processing than preference-based visas