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

A T Visa is a type of U.S. visa that is designed for victims of human trafficking. It is available for those who have been trafficked into the United States, or who are present in the U.S. as a result of trafficking, and who are willing to help law enforcement authorities in the investigation or prosecution of human trafficking cases. To be eligible for a T Visa, an individual must demonstrate that they have been a victim of a severe form of human trafficking, have complied with any reasonable request for assistance in the investigation or prosecution of the act of trafficking, and demonstrate that they would suffer extreme hardship involving unusual and severe harm if removed from the United States.

2. What are the requirements to receive a T Visa?

In order to receive a T Visa, the applicant must demonstrate that they are a victim of human trafficking and that they are willing to assist law enforcement in the investigation or prosecution of the crime. The applicant must also show that they would suffer extreme hardship upon removal from the United States, and that they have been physically present in the United States for a continuous period of at least 3 years preceding their application.

3. What are the benefits of having a T Visa?

The benefits of having a T visa include being able to lawfully remain in the United States for up to four years, eligibility to apply for an employment authorization document (EAD) to lawfully work in the United States, and eligibility to apply for permanent residence. Additionally, having a T visa provides protection from deportation and access to public services such as public education. Finally, T visa holders may be eligible for certain public benefits such as Medicaid and Supplemental Nutrition Assistance Program (SNAP).

4. How long is the validity of a T Visa?

The validity of a T Visa is generally up to four years, but may be extended in certain circumstances.

5. How can I apply for a T Visa?

In order to apply for a T Visa, you must first complete and submit Form I-914, Application for T Nonimmigrant Status, with the required supporting documents to U.S. Citizenship and Immigration Services (USCIS). You must also submit a biometric services fee along with your application. The supporting documents may include: evidence of past or future mistreatment, evidence of identity and nationality, evidence of continuous physical presence in the U.S., a legal basis for admission to the U.S., and other relevant evidence. Once your application is approved, you will be eligible for a T Nonimmigrant status in the U.S.

6. Is there a fee associated with the T Visa application process?

Yes, there is a fee associated with the T Visa application process. The fee for applying for a T nonimmigrant status is $290 for an individual or $585 for an applicant and their family members. The fee is paid to the U.S. Department of Homeland Security after submitting Form I-914, the application for T nonimmigrant status.

7. Is there an age limit for T Visa applicants?

Yes, there is an age limit for T Visa applicants. Applicants must be under the age of 21 in order to be eligible for the T Visa.

8. What documents do I need to submit for a T Visa application?

In order to apply for a T Visa, you will need to provide the following documents:

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

2. Evidence that you are or were a victim of a severe form of trafficking in persons;

3. Evidence that you have complied with any reasonable request for assistance in the investigation or prosecution of the trafficking;

4. Evidence that you would suffer extreme hardship involving unusual and severe harm if removed from the United States; and

5. A valid passport or other credible evidence of identification and nationality.

9. Can I obtain employment authorization with a T Visa?

Yes. You may be eligible to obtain employment authorization with a T Visa. However, you must meet the eligibility requirements, and you must have a valid T Visa for at least one year before you can apply for work authorization. Additionally, you must demonstrate that your continued presence in the U.S. is “justified on humanitarian grounds or is otherwise in the national interest”.

10. Are there any restrictions on the types of jobs I can apply for with my T Visa?

No, there are no restrictions on the types of jobs you can apply for with your T Visa. However, it is important to note that you will need to be able to prove that your job will help you support yourself and/or your family.

11. Can I bring family members with me if I have a T Visa?

Yes, you can bring family members with you if you have a T visa. You are allowed to bring certain family members, including a spouse, children, and parents. Depending on the country you are from, you may also be able to bring other close relatives. It is important to check with the U.S. embassy in your home country to see which family members are eligible to accompany you on your T visa.

12. What is the difference between an adjustment of status and a change of status for a T Visa holder?

An adjustment of status is the process of changing from one immigration status to another while still in the United States, such as from a T visa holder to a Lawful Permanent Resident (LPR). A change of status is when an individual applies to change nonimmigrant categories, such as from a student visa holder to a T visa holder.

13. How long does it take to receive an adjustment of status or change of status for a T Visa holder?

It can take up to two months for U.S. Citizenship and Immigration Services (USCIS) to process an adjustment of status or change of status application for a T visa holder. It is important to note that the actual time frame may vary due to factors such as the complexity of the case and current processing times.

14. Do I have to leave the United States if my application for adjustment of status or change of status is denied?

Yes, unless you have been granted a waiver of deportation or other form of relief from removal.

15. Can I adjust my status to lawful permanent residence (LPR) if I have been granted a T Visa?

Yes, you may be able to adjust your status to lawful permanent residence (LPR) if you have been granted a T Visa. You must meet certain criteria, including being physically present in the United States for a continuous period of at least three years since the date of your admission as a T-1 nonimmigrant, and not have committed any acts that make you subject to removal from the United States. You must also show that you have been a person of good moral character for the three-year period and must not be otherwise inadmissible.

16. Does having a T Visa guarantee lawful permanent residence (LPR) in the United States?

No, having a T visa does not guarantee lawful permanent residence (LPR) in the United States. After three years of continuous physical presence in the United States on a T visa, individuals may apply for lawful permanent residence (LPR), but it is not guaranteed.

17. Is there an expiration date on my T visa if I am granted LPR in the United States?

No, there is no expiration date on a T visa if you are granted lawful permanent resident status in the United States. If you are granted LPR, your T visa is automatically converted to an LPR visa.

18. Does having a T Visa prevent me from being deported from the United States?

A T Visa does not provide an individual with the legal right to remain in the United States permanently. However, if the individual meets certain conditions, they may be eligible to apply for permanent residence after three years of continuous physical presence in the United States. A T Visa also may provide protection from deportation while the individual is in the U.S.

19. Is there any chance of being detained and/or deported if I have a T visa?

No, having a T visa should provide you with protection against detention and deportation.

20. Are state and federal benefits available to victims of human trafficking who have been granted a T visa?

Yes, victims of human trafficking who have been granted a T visa are eligible for state and federal benefits such as health care, cash assistance, food stamps, and housing. Additionally, victims may be eligible for legal assistance, job training, language assistance, educational assistance, and mental health counseling.