How to Apply for a T Visa: A Step-by-Step Guide for Trafficking Survivors and Their Families

A T visa lets certain survivors of human trafficking remain in the United States legally, receive work authorization, and eventually apply for a green card, but only if the application meets several specific legal requirements. In most cases that includes cooperating with a law enforcement investigation into the trafficking, though real exceptions exist for minors and trauma survivors. Here is how the process actually works, from eligibility through the path to permanent residence.

Who Qualifies for a T Visa

To qualify for T nonimmigrant status, an applicant generally has to show four things. First, that they are or were a victim of a severe form of trafficking in persons, meaning sex trafficking induced by force, fraud, or coercion, or certain trafficking involving a minor, or labor trafficking obtained through force, fraud, or coercion for the purpose of subjecting someone to involuntary servitude, debt bondage, or slavery. Second, that they are physically present in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or a U.S. port of entry on account of that trafficking. Third, that they would suffer extreme hardship involving unusual and severe harm if removed from the United States, a higher standard than the extreme hardship analysis used in some other immigration cases. Fourth, that they have complied with any reasonable request from a law enforcement agency to assist in the investigation or prosecution of the trafficking, unless an exception applies.

USCIS also looks closely at what actually counts as trafficking. Under current regulations, the "anything of value" exchanged in a sex trafficking case is not limited to money. Housing, employment, or other non-monetary benefits can qualify. Trafficking that occurred outside the United States can also support a T visa if there is a sufficient connection to the applicant's presence here.

How Law Enforcement Cooperation Works, and When It Is Not Required

Cooperation with law enforcement remains a real requirement for most applicants, but it does not mean a criminal case has to be filed or won, and it does not always require an active, ongoing relationship with police. Under the current rule, applicants must generally show that they attempted to report the trafficking to a law enforcement agency with proper jurisdiction and provide credible evidence of at least one such contact. USCIS is instructed to weigh any credible evidence of cooperation, which broadens what can be submitted beyond a formal law enforcement certification.

There are two significant exceptions. Anyone who was under 18 years old at the time at least one act of trafficking occurred does not need to show law enforcement cooperation at all. Applicants of any age can also qualify for a trauma-based exception if they have not yet reported the trafficking, or have not responded to a law enforcement request, because of the physical or psychological trauma they experienced. Evidence for a trauma exception can include a personal statement, medical or mental health records, police reports, or witness statements.

Filing Form I-914 and What Happens After

The T visa application itself is filed on Form I-914, Application for T Nonimmigrant Status. There is no fee to file Form I-914, and there is also no fee for Supplement A to Form I-914, which is used to request status for an eligible family member. Which family members can be included depends on the applicant's age: a T-1 applicant under 21 can generally include a spouse, children, parents, and unmarried siblings under 18, while an applicant 21 or older can generally include only a spouse and children.

Once a case is filed, USCIS conducts an initial screening called a bona fide determination. If the application appears to meet the basic criteria and passes background checks, USCIS can grant deferred action and work authorization while the full application is still pending, which can take significant time to fully adjudicate. Work authorization can also be requested through a concurrently filed Form I-765.

There is an annual limit of 5,000 T-1 visas that can be granted to principal applicants in a given fiscal year. Family members granted derivative status do not count against that cap. If the cap is reached before an eligible application is approved, USCIS places the applicant on a waiting list and grants deferred action and work authorization in the meantime. Waiting list applicants are then approved in the following fiscal year in order of filing date, ahead of new applications.

The Path From a T Visa to a Green Card

A T-1 nonimmigrant can generally apply for lawful permanent residence, a green card, on Form I-485 after three years of continuous physical presence in T status, or earlier if a T-1 visa holder obtains certification from the Attorney General that an investigation or prosecution related to the trafficking is complete. Continuous physical presence generally cannot be broken by a single absence from the United States of more than 90 days, or by absences that add up to more than 180 days total, except when the absence itself is connected to assisting in the investigation or prosecution.

To adjust status, an applicant also has to show good moral character since being admitted as a T-1 and continued compliance with any reasonable law enforcement request, unless one of the exceptions described above applies, or continue to demonstrate that removal would cause extreme hardship involving unusual and severe harm.

Frequently Asked Questions

Do I have to cooperate with the police to get a T visa? In most cases, yes, applicants need to show they attempted to report the trafficking to law enforcement and provide credible evidence of that contact. There are exceptions for anyone under 18 at the time of the trafficking and for applicants who can document that trauma prevented them from reporting or responding to law enforcement.

Is there a fee to apply for a T visa? No. Current federal regulations set no filing fee for Form I-914 or for Supplement A, which is used to request status for eligible family members.

Can my spouse or children be included on my application? Often, yes. Eligible family members can be included on Supplement A to Form I-914, though exactly which relatives qualify depends on the principal applicant's age at the time of filing.

How long does it take to get a green card after receiving a T visa? Generally, a T-1 nonimmigrant becomes eligible to apply for a green card after three years of continuous physical presence in that status, though the wait can be shorter if the trafficking investigation or prosecution is officially certified as complete.

What happens if the annual cap on T visas is reached before my case is approved? USCIS places qualifying applicants on a waiting list and can grant deferred action and work authorization while the case waits for a visa number to become available in a future fiscal year.

This article explains how the T visa process generally works and is not legal advice about any individual's situation. Every trafficking survivor's circumstances are different, and eligibility depends on the specific facts of the case. Katsivalis & Anderson Law helps survivors of trafficking understand their options and prepare a T visa application. Call our Chicago office at 773.657.3633, our toll-free line at 866.657.8472, or visit kaimmigrationlaw.com to schedule a consultation.