1. What is a T Visa and who is eligible for it?

A T visa is a temporary form of immigration relief for victims of human trafficking. It is available to those who have been trafficked into the United States or are currently being held in a condition of involuntary servitude, peonage, debt bondage, or slavery. To qualify, an applicant must demonstrate he or she is a victim of a severe form of trafficking and has complied with any reasonable request for assistance in the investigation or prosecution of human trafficking.

2. What evidence is required to apply for a T Visa?

The evidence required to apply for a T Visa includes a certification from a law enforcement agency, proof of the victim’s current or past victimization, evidence of the victim’s relationship to the perpetrator, evidence that the victim would suffer extreme hardship if removed, and evidence of the victim’s assistance in the investigation or prosecution of the crime.

3. What are the conditions of a T Visa?

In order to qualify for a T Visa, the applicant must meet certain criteria, including:

– Having been a victim of a severe form of trafficking in persons, as defined by law.

– Being in the United States, American Samoa, or the Commonwealth of the Northern Mariana Islands, on account of such trafficking.

– Cooperating with reasonable requests for assistance in the investigation or prosecution of acts of trafficking.

– Having suffered substantial physical or mental abuse as a result of such trafficking.

– Proving that his/her presence in the United States is justified and that he/she is not a threat to the community.

4. Are there any work restrictions on T Visa holders?

Yes, T visa holders are subject to certain work restrictions. While they may be authorized to work in the United States, they must receive permission from the Department of Homeland Security (DHS) or the U.S. Citizenship & Immigration Services (USCIS) before they can begin working. Additionally, they are only allowed to work in jobs related to their victimization or for employers who have obtained approval from DHS or USCIS. They are prohibited from working for certain employers, such as those who are involved in the trafficking of persons, and they must also provide DHS or USCIS with proof of ongoing efforts to cooperate with law enforcement in the investigation or prosecution of human trafficking related crimes.

5. How long does it take to process a T Visa application?

The processing time for a T Visa application depends on a variety of factors. Generally, the processing time can range from several months to several years. For certain types of T Visas, applicants may be able to receive an expedited decision.

6. Is there an age limit for applying for a T Visa?

No, there is no age limit for applying for a T visa. However, applicants must meet the basic requirements of the T visa category, including demonstrating that they have been victims of a severe form of trafficking, have been in the United States or at a port of entry due to trafficking, and are willing to cooperate with law enforcement.

7. Is there a maximum amount of time that someone can remain in the United States as a T Visa holder?

Yes, according to the U.S. Citizenship and Immigration Services (USCIS), a T Visa holder can remain in the United States for up to four years. After four years, the individual must apply for an adjustment of status or leave the United States.

8. What are the requirements for renewing or adjusting a T Visa?

The requirements for renewing or adjusting a T visa include:

1. Demonstrating that the beneficiary continues to meet the definition of a T visa holder;
2. Proof of continuous physical presence in the United States for 3 years since the initial admission or 4 years since the grant of the T visa;
3. Evidence of good moral character during the period of residence in the United States;
4. Evidence of continued participation in efforts to assist law enforcement or other governmental authorities in the investigation or prosecution of human trafficking violations in the United States; and
5. Providing a copy of a valid passport or other travel document.

9. Is there an educational requirement for obtaining or renewing a T Visa?

Yes, an applicant for a T Visa must demonstrate that they have received or are currently receiving education, vocational training, or other types of alternative training/instruction that demonstrates their ability to support themselves and their dependents. Applicants must also demonstrate that they possess the necessary skills, knowledge, and work experience to become productive members of the US workforce. Additionally, applicants must pass a background check and have not engaged in any criminal activities.

10. How do I apply for a derivative visa (for my family members) based on my T Visa status?

You can apply for certain derivative visas on the basis of your T visa status. To apply for a derivative visa, you must first submit a Form I-914, Application for T Nonimmigrant Status. After submitting the form, you will need to submit a Form I-192, Application for Advance Permission to Enter as Nonimmigrant. Your family members must also submit the appropriate visa application forms and documents to the U.S. Embassy or Consulate in their home country. Additionally, your family members may also need to provide proof of your relationship, such as a marriage, birth, or adoption certificate. Your family members may also be required to undergo a medical examination.

11. Are there any government benefits available to T-Visa holders?

Yes. T-Visa holders may be eligible for certain government benefits, such as Medicaid, Social Security, Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), and food stamps. Additionally, T-Visa holders may be eligible for certain work authorization programs and may be able to access free mental health services and English language classes.

12. Are there any restrictions on travel while on a T-Visa?

Yes, travel restrictions exist for T-Visa holders. Generally, T-Visa holders are required to obtain advance parole from U.S. Citizenship and Immigration Services (USCIS) before traveling outside the United States. This is to ensure that the T-Visa holder is allowed to return to the United States after their travel. Additionally, if a T-Visa holder travels outside the United States without obtaining advance parole, their T-Visa may be terminated. Lastly, T-Visa holders must report any international travel to USCIS—even if they have advance parole—within 10 days of returning to the United States.

13. What documents do I need to provide to U.S. Citizenship and Immigration Services to apply for a T-Visa?

In order to apply for a T-Visa, you must provide the following documents to U.S. Citizenship and Immigration Services:

1. Form I-914, Application for T Nonimmigrant Status

2. Evidence of your past persecution or fear of persecution in your home country

3. Evidence that you have been a victim of a severe form of trafficking, such as medical records, police reports, and/or sworn statements from people who are aware of your situation

4. Evidence that you have complied with any reasonable request from law enforcement for assistance in the investigation or prosecution of human trafficking

5. Evidence of your identity, such as a passport or birth certificate

6. Evidence of your physical presence in the United States

7. Documents showing any family relationships you have in the U.S. or abroad

8. A declaration signed by you stating that all the information provided is true and correct to the best of your knowledge

14. Are there any fee waivers available for those applying for or renewing a T-Visa?

Yes, there are fee waivers available for those applying for or renewing a T-Visa. To be eligible for a fee waiver, the applicant must demonstrate financial hardship. Evidence of financial hardship may include proof of income, tax returns, bank statements, and other relevant documents. Additionally, the applicant may need to provide a letter of support from a third party demonstrating that they are unable to pay the fees.

15. What rights do I have while in the United States on a T-Visa?

While in the United States on a T-Visa, you have the right to:
– Work and apply for a Social Security Number
– Receive certain federal benefits
– Travel outside the United States
– Apply for a green card after three years of continuous presence
– Qualify for certain state and local public benefits, such as education and health care
– Access legal services
– Live free from fear and persecution

16. Is it possible to apply for permanent residency after being granted a T-Visa?

Yes, it is possible to apply for permanent residency after being granted a T-Visa. The U.S. Citizenship and Immigration Services (USCIS) provides individuals with the ability to apply for permanent residence (a green card) after they have held a T-Visa for at least three years.

17. Are there any special rules or procedures for international students who are victims of human trafficking and are applying for a T-Visa?

Yes, for international students who are victims of human trafficking and are applying for a T-Visa, there are special rules and procedures to follow. These include: submitting a T-Visa application, providing evidence of past or present trafficking, providing evidence to establish that they are victims of trafficking, providing evidence to establish that they meet all eligibility criteria for a T-Visa, and meeting all other requirements of the U.S. Citizenship and Immigration Services. Additionally, students may be eligible for an extended period of authorized stay in the U.S. or employment authorization while their application is being processed.

18. Are there any specialized organizations that assist victims of human trafficking with completing the process of obtaining aT-Visa?

Yes, there are a number of specialized organizations that provide assistance to victims of human trafficking with obtaining a T-Visa. These organizations include the National Trafficking Hotline, Polaris, Justice For Our Neighbors, the Catholic Legal Immigration Network, the American Immigration Council, Heartland Alliance’s National Immigrant Justice Center, and International Justice Mission.

19. Does having an approved T-Visa guarantee entry into the United States?

No, having an approved T-Visa does not guarantee entry into the United States. The T-Visa holder is still required to meet all the general requirements for entry into the U.S., including valid travel documents, and will be subject to all of the usual inspections and screenings conducted by a U.S. Customs and Border Protection officer.

20. Is there assistance available to help pay the costs of filing a T-Visa application and petitioning for derivative visas?

Yes, there are organizations that offer financial assistance to help with the costs of filing a T-Visa application and petitioning for derivative visas. For example, the American Civil Liberties Union (ACLU) offers a program called the ACLU Immigrants’ Rights Project that can provide financial assistance to those eligible for T-Visa status. Additionally, some nonprofit organizations specialize in helping victims of human trafficking apply for immigration benefits. These organizations may also provide financial assistance and other resources.