Guide to T Visa: Eligibility, Application Process, and Benefits

T Visa: Everything You Need to Know

The T Visa, also known as the T-1 Visa, is a form of relief for victims of human trafficking. It allows eligible individuals to remain in the United States to assist law enforcement in the investigation and prosecution of human trafficking cases. Here’s a comprehensive guide to understanding the T Visa, its requirements, application process, and benefits.

What is the T Visa?

The T Visa, or T-1 Visa, provides temporary immigration benefits to certain victims of severe forms of trafficking who meet specific criteria. This visa aims to protect victims and assist in prosecuting traffickers.

T Visa Requirements

To be eligible for a T Visa, applicants must meet the following criteria:

• Victim of Trafficking: Must be a victim of a severe form of human trafficking as defined by federal law.
• Physical Presence: Must be physically present in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry due to trafficking.
• Compliance with Law Enforcement: Must comply with any reasonable request from a law enforcement agency for assistance in the investigation or prosecution of human trafficking.
• Extreme Hardship: Must explain that they would suffer extreme hardship involving unusual and severe harm if removed from the United States.

T Visa Application Process in Detail

Step 1: Prepare Your Documentation

Before starting the application process, gather all necessary documentation to support your claim as a victim of human trafficking. This includes:

• Evidence of Trafficking: Collect police reports, affidavits from law enforcement officers, court documents, and other relevant materials that verify your experience with human trafficking.
• Personal Statement: Write a detailed personal statement outlining your experience with human trafficking, cooperation with law enforcement, and the severe hardship you would face if deported.
• Identification Documents: Ensure you have copies of your passport, birth certificate, and any other identification documents.
• Proof of Physical Presence: Provide evidence that you are physically present in the U.S. due to trafficking. This can include travel documents, entry stamps, or other relevant records.

Step 2: Complete Form I-914

Form I-914, Application for T Nonimmigrant Status, is the primary form required for applying for a T Visa. Here’s how to complete it:

• Part 1: Information About You: Fill out your personal information, including name, date of birth, and contact details.
• Part 2: Information About Your Trafficking Experience: Provide detailed information about your trafficking experience, including dates, locations, and the nature of the victimization.
• Part 3: Information About Your Family Members: If you are including eligible family members in your application, list their details here.
• Part 4: Additional Information: Include any additional information that supports your case.

Step 3: Complete Form I-914A (If Applicable)

If you have eligible family members, you will need to complete Form I-914A, Application for Family Member of T-1 Recipient. This form allows your family members to receive derivative T Nonimmigrant Status. Eligible family members include:

• Spouse
• Children
• Parents (if the applicant is under 21)
• Unmarried siblings under 18 years old (if the applicant is under 21)

Step 4: Submit the Application

Once you have completed Form I-914 and, if applicable, Form I-914A, you need to submit them to the USCIS. Ensure that you include:

• Completed Forms: Form I-914 and Form I-914A (if applicable).
• Supporting Documentation: Evidence of trafficking, personal statement, identification documents, and proof of physical presence.
• Filing Fee: Check the USCIS website for the current filing fee or information about fee waivers.

Step 5: Attend the Biometrics Appointment

After submitting your application, USCIS will schedule a biometrics appointment for you. Your signature, picture, and fingerprints will be taken at this appointment. This is a standard procedure for background checks and identity verification.

Step 6: Await the Decision

USCIS will review your application and the supporting documentation. This process can take several months. You might be requested to come in for an interview or give further information during this period.

Step 7: Receive the Decision

Once USCIS has made a decision, you will receive a Notice of Action (Form I-797) indicating whether your application has been approved or denied. If approved, you will be granted T Nonimmigrant Status for four years, with the possibility of extension.

Eligibility for Green Card

To be eligible for a Green Card, you must meet the following criteria:

• Maintain Continuous Presence: You must have been physically present in the U.S. for at least three years since receiving T Nonimmigrant Status.
• Good Moral Character: Explain good moral character throughout your stay in the U.S.
• Compliance with Law Enforcement: Continue to cooperate with law enforcement agencies in the investigation or prosecution of human trafficking.
• Extreme Hardship: Show that returning to your home country would result in extreme hardship involving unusual and severe harm.

Application Process for Green Card

To apply for a Green Card, you need to complete and submit Form I-485, Application to Register Permanent Residence or Adjust Status. Here’s what you need to do:

1.     Complete Form I-485: Fill out the form with accurate information about your details, immigration history, and eligibility.
2.     Submit Supporting Documents: Provide evidence of your T Nonimmigrant Status, proof of continuous presence, and any other documents that support your application.
3.     Pay the Filing Fee: Check the USCIS website for the current filing fee for Form I-485.
4.     Attend the Biometrics Appointment: USCIS will schedule another biometrics appointment for your Green Card application.
5.     Attend an Interview: You may be required to attend an interview with a USCIS officer as part of the Green Card application process.
6.     Await the Decision: USCIS will review your application and notify you of their decision.

Benefits of T Visa

The T Visa offers numerous benefits to victims of human trafficking:

Work Authorization

T Visa holders are eligible for employment authorization, allowing them to work legally in the United States. This provides financial independence and the opportunity to rebuild their lives.

Access to Public Benefits

T Visa holders may be eligible for certain public benefits, including healthcare, housing assistance, and other social services, to support their recovery and readmission.

Protection from Deportation

The T Visa protects victims from deportation, providing them with a safe residence and the opportunity to assist law enforcement without fear of removal.

Path to Permanent Residency

The T Visa offers a pathway to permanent residency, enabling victims to apply for a Green Card after meeting specific requirements. This provides long-term stability and the opportunity to finally become U.S. citizens.

Eligibility for Family Members

Eligible family members of T Visa recipients can also receive derivative T Nonimmigrant Status, allowing them to live and work in the United States.

T Visa vs. U Visa

While both the T Visa and U Visa offer protection to victims of crimes, they care about different situations. Here’s a comparison:

T Visa

• Purpose: For victims of severe forms of human trafficking.
• Requirements: Must be a victim of trafficking, physically present in the U.S. due to trafficking, comply with law enforcement, and show extreme hardship if removed.
• Benefits: Work authorization, access to public benefits, protection from deportation, path to permanent residency.

U Visa

• Purpose: For victims of a broader range of qualifying crimes who have suffered severe mental or physical abuse.
• Requirements: Must be a victim of a qualifying crime, possess information about the crime, be helpful to law enforcement, and show severe harm.
• Benefits: Work authorization, access to public benefits, protection from deportation, path to permanent residency.

Call to Action

If you or someone you know is a victim of human trafficking, it is crucial to seek professional help. At Passage Law, we provide expert immigration services to assist victims in proceeding with the complexities of the T Visa application process. Consult us today to learn more about how we can help you secure your future and protect your rights.