What is a T Visa and How Can It Help Human Trafficking Survivors?

Human trafficking can take many forms and often involves force, fraud, or coercion to exploit individuals. Some people may have been promised a better life in the United States – whether by a romantic partner, an employer, or a smuggler – only to find themselves forced into labor, sex work, or other exploitative situations upon arrival.

The T Visa was designed to protect survivors of these severe forms of trafficking by allowing them to remain in the country, receive support, and pursue legal status.

Despite being a crucial resource, the T Visa is often misunderstood or overlooked. Below, we will discuss who qualifies for a T Visa and how it can offer a pathway to safety and long-term security.

Who Is Eligible for a T Visa

To apply for a T Visa, survivors of trafficking must generally meet eligibility requirements. It’s vital to remember that trafficking does not always appear in a single, uniform way. It often includes a range of abusive or coercive tactics.

1. Victim of Severe Form of Trafficking

• Sex Trafficking: Individuals coerced into prostitution, pornography, or other commercial sex acts. For instance, someone might have been promised a legitimate job, like waitressing or housekeeping, but was forced into sex work upon arriving in the U.S.
• Labor Trafficking: People who have been exploited for work under inhumane conditions, such as in agriculture, domestic work, or factories. An employer might lure a migrant worker with promises of decent wages, then confiscate their documents and force them to work without pay or under threats of violence.

2. Physical Presence in the U.S. Because of Trafficking

• Coercion by ‘Coyotes’ (Smugglers): Individuals may have crossed the border with a smuggler who then abused or exploited them – sexually or through forced labor – to pay off a “debt.”
• Abuse by a Romantic Partner or Spouse: A person might travel to the U.S. to be with a partner who promised marriage or stability, only to face physical abuse, forced labor, or sexual exploitation.
• False Employment Promises: Applicants may have been recruited with the promise of a legitimate job – like nannying or construction – but were forced to work under threats, unpaid overtime, or fear of deportation.

Note: If you have been exploited or coerced in a way that may qualify as human trafficking -whether for labor, commercial sex, or any other form of severe abuse – you could be eligible for a T Visa. Because each case is unique and certain conditions (like cooperation with law enforcement or exceptions for minors) may apply, anyone who suspects they are a trafficking survivor should consult an immigration attorney or an accredited nonprofit organization to learn about potential eligibility.

Additional Requirements

a. Cooperation with Law Enforcement (or Valid Exception): Survivors must typically comply with “reasonable requests” from law enforcement, unless under 18 or unable to cooperate due to physical/psychological trauma.

• Example: Reporting labor violations to local authorities, or giving statements for an investigation into the traffickers.
• Exception for Minors: A child forced into sex work is not required to provide significant assistance, given their young age and the severe nature of their trauma.

b. Extreme Hardship if Removed from the U.S.: Applicants must demonstrate that returning to their home country would expose them to harm or severe difficulties – such as retaliation by traffickers’ networks or dangerous living conditions that could reignite the cycle of exploitation.

Examples of Qualifying Situations

To give a clearer picture, here are a few illustrative (fictionalized) examples of scenarios where someone might seek a T Visa:

• Maria, age 27: Entered the U.S. with a smuggler who demanded more money than she had. He forced her into sex work to “pay off her debt,” threatening to harm her family back home if she refused.
• Jorge, age 33: Recruited for construction work but had his passport confiscated upon arrival, was paid very little, and endured 12-hour days under constant threats of deportation.
• Kimberly, age 22: Moved to the U.S. to marry her boyfriend. Once there, he isolated her, controlled her finances, and made her perform unpaid labor at his family’s business.

Each example includes force, fraud, or coercion; the victims remain in the U.S. because of their trafficking situation. They may qualify for T Visas if they cooperate with investigators (or qualify for an exception) and meet other requirements.

Next Steps

If you suspect that you, or someone you know, has experienced trafficking, seeking legal and social services immediately is crucial. Lawyers, nonprofit agencies, and even law enforcement can guide you through documenting your case, preparing evidence, and understanding the T Visa application. The road to stability and safety starts with awareness and the right support network.

T Visa Timeline

All T Visa applications are handled by the USCIS Vermont Service Center, which means processing times can fluctuate based on their workload and the complexity of each case. While many applications can take several months, additional documents or clarifications may be requested via a Request for Evidence (RFE), which can extend processing times further.

T Visa Cost

Free!

One benefit of the T Visa process is that Form I-914 (the primary application for T nonimmigrant status) does not require a filing fee. Additionally, applicants can request fee waivers for other associated forms, such as:

• Form I-765 (Employment Authorization)
• Form I-131 (Travel Document)
• Form I-485 (Adjustment of Status)

Always review the latest USCIS guidance to determine if you are eligible for a fee waiver.

Application Process

1. Filing Form I-914

The T Visa application begins with Form I-914 (Application for T Nonimmigrant Status). Applicants must provide a detailed account of their trafficking experience, explaining how it fulfills the eligibility criteria.

2. Supporting Documentation

• Personal Statement: A written account describing the trafficking situation, including details of force, fraud, or coercion.
• Evidence: Medical records, police reports, sworn affidavits from witnesses or social workers, and proof of physical or psychological harm.
• Form I-914, Supplement B (Declaration of Law Enforcement Officer): Not always mandatory, but a strong piece of evidence showing cooperation with law enforcement – unless exempt.

3. Where to File

All T Visa applications should be sent to:

Vermont Service Center  
38 River Rd.  
Essex Junction, VT 05479-0001

4. Processing Times

Exact timelines vary according to the USCIS caseload. You can check estimated processing times using the USCIS processing times tool.

Renewal and Extension

Extension of T Visa

T Visa status typically lasts up to four years, but an extension may be granted if:

• An ongoing law enforcement investigation or prosecution still requires your cooperation.
• There are delays in your green card (adjustment of status) process.
• Other compelling reasons recognized by USCIS.

Maintaining Compliance

Throughout your time in T status, keep USCIS informed of any address changes (via Form AR-11) and promptly respond to any lawful requests for additional information from law enforcement or immigration authorities.

Including Family Members on Your T Visa

Certain family members can also receive T Visa status if the principal applicant qualifies. This may include:

• Spouse (T-2)
• Children (T-3)
• Parents (T-4) or siblings (T-5) if the main applicant is under 21 or if there is a credible threat of retaliation.

To include qualifying relatives, file Form I-914, Supplement A (Application for Family Member of T-1 Recipient) alongside – or after – the primary T Visa application.

Benefits and Protections

• Legal Status and Work Authorization: Once approved, T Visa holders can remain in the United States for up to four years and are eligible to apply for Form I-765 for work authorization.
• Access to Benefits and Services: T Visa recipients may qualify for various federal and state assistance programs, including healthcare, food assistance, housing support, and counseling services specifically tailored for survivors.
• Travel Permission: Applicants who wish to travel abroad must file Form I-131 (Application for Travel Document) and wait for approval before leaving the U.S. Traveling without authorization can jeopardize T status.
• Path to Permanent Residency: After maintaining T nonimmigrant status for three years (or upon completion of a trafficking investigation/prosecution), survivors may apply for a Green Card by filing Form I-485. USCIS considers factors like good moral character, continuous physical presence, and ongoing cooperation with law enforcement.

Challenges and Common Issues

• Emotional and Psychological Barriers: Survivors may fear retaliation, speak limited English, or face deep trauma that complicates cooperation with authorities.
• Law Enforcement Cooperation: While usually required, minors or severely traumatized individuals may be exempt.
• Fraud and Misrepresentation: Providing false information can lead to application denial. Honesty is paramount, and consulting an experienced attorney is strongly advised.

Tips for Applicants

1. Seek Legal Assistance: An immigration attorney or nonprofit accredited representative can be instrumental in navigating the complex T Visa requirements and building a robust case.
2. Organize Your Evidence: Compile police reports, affidavits, medical records, or any other relevant documents in a clear, coherent manner. Strong, consistent evidence will help USCIS better understand your story.
3. Practice Self-Care: The trauma of trafficking can weigh heavily on survivors. Lean on counseling services, support groups, or case management services to maintain mental and emotional well-being during the process.

Frequently Asked Questions

Additional Resources and References

• National Human Trafficking Hotline
  • 1-888-373-7888 (TTY: 711) or text 233733 (Text “HELP” or “INFO”)
• Nonprofit Organizations and Legal Assistance
  • Polaris, Tahirih Justice Center, Legal Aid Societies, and other NGOs specializing in trafficking support
• Boundless Immigration
  • Guides on fee waivers, adjustment of status, and more

(Optional note: For the most accurate, up-to-date guidelines, consult the official USCIS website or speak directly with an immigration attorney.)

Conclusion

A T Visa can be a life-altering resource for survivors of human trafficking, offering legal protections, work authorization, and a potential path to permanent residency. If you believe you may qualify – or know someone who does – reaching out to a trusted immigration attorney or nonprofit service provider is the first step toward safety, healing, and a secure future.

References:

• https://www.uscis.gov/humanitarian/victims-of-human-trafficking-t-nonimmigrant-status
• https://www.uscis.gov/sites/default/files/document/guides/T-Visa-Law-Enforcement-Resource-Guide.pdf
• https://travel.state.gov/content/travel/en/us-visas/other-visa-categories/visas-for-victims-of-human-trafficking.html