T Nonimmigrant Status (T Visa) – Explained

The T Nonimmigrant Status, or T Visa, is a specific type of immigration benefit that is available in the United States for those who have been victims of severe forms of trafficking in persons. Trafficking, also known as modern day slavery, includes situations where persons are forced, defrauded, or coerced into various forms of labor or sex exploitation.

Recipients of the T Visa are granted permission to stay in the U.S. for up to four years, during which they can work legally and receive certain federal benefits and services. Additionally, T Visa holders may eventually apply for lawful permanent residence, commonly known as a Green Card.

This humanitarian-based immigration provision was established with the passing of the Victims of Trafficking and Violence Protection Act (TVPA) in 2000, which aimed to combat trafficking, provide justice to victims, and strengthen the prosecution and punishment of traffickers. The T Visa provides a means for victims to escape the cycle of exploitation and begin the process of recovery and restoration in a safe environment.

Understanding the T Visa and its potential benefits is crucial for victims of trafficking, who may feel trapped and uncertain of their options. It’s important to know that help is available, and that the T Visa can be a stepping stone towards a safer and more stable future.

Eligibility Criteria for T Visa

Determining eligibility for a T Nonimmigrant Status, or T Visa, involves a thorough assessment of the applicant’s circumstances against a set of stringent criteria established by the United States Citizenship and Immigration Services (USCIS). These criteria aim to ensure that T Visas are granted only to individuals who have been victims of severe forms of trafficking and are in need of protection and assistance. The eligibility criteria for a T Visa include the following elements.

1. Victim of Severe Forms of Trafficking in Persons

The T Nonimmigrant Status (T Visa) applicant must provide evidence that they have been a victim of a severe form of human trafficking. Severe forms of trafficking are defined by the Trafficking Victims Protection Act (TVPA) and generally include sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such an act is under the age of 18 years; or the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

2. Physical Presence in the United States

The T Visa applicant 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. This criterion is intended to ensure that those who have been trafficked into the country and remain within its borders can seek protection and assistance.

3. Compliance with Reasonable Requests for Assistance in an Investigation or Prosecution

T Visa applicants must comply with any reasonable requests for assistance in the investigation or prosecution of human trafficking unless they are unable to cooperate due to physical or psychological trauma. Compliance is assessed based on the reasonableness of the request, taking into account the applicant’s circumstances, age, and the extent of their trauma.

4. Extreme Hardship Involving Unusual and Severe Harm Upon Removal

T Visa applicants must demonstrate that they would face “extreme hardship involving unusual and severe harm” if removed from the United States. This involves providing evidence that the harm the applicant would face is greater than the harm typically encountered by others facing removal to the same country.

5. Admissibility to the United States

T Visa applicant must be admissible to the United States under the Immigration and Nationality Act. If an individual is inadmissible, they can apply for a waiver with the Form I-192, Application for Advance Permission to Enter as Nonimmigrant.

The eligibility criteria for the T Nonimmigrant Status (T Visa) are quite specific and rigorous, reflecting the gravity of the situations that this visa category addresses. Individuals who believe they may qualify are strongly encouraged to seek professional legal assistance to ensure that their rights are protected and that they successfully navigate the complex application process. It’s worth noting that the T Visa also extends eligibility to certain immediate family members of the trafficking victim, offering them protection and benefits as well.

Benefits of T Visa

The T Visa, or T Nonimmigrant Status, provides significant benefits that aim to help survivors of human trafficking regain control of their lives in the U.S. These benefits are not only crucial to the immediate well-being of the T Visa recipients, but they also play a significant role in their long-term recovery and reintegration into society. Here are some of the key benefits provided under T Nonimmigrant Status.

1. Ability to Remain in the United States

One of the most immediate benefits of the T Visa is that it allows recipients to stay in the U.S. for up to four years. It affords them a respite from the fear of immediate deportation, giving them the chance to begin healing from the trauma they have endured.

2. Employment Authorization

T Visa recipients are eligible to work legally in the U.S. They are given an Employment Authorization Document (EAD), which opens up opportunities for self-sustenance, reducing their vulnerability and helping them transition into a new phase of life.

3. Access to Public Benefits

T Visa recipients are eligible for certain federal and state benefits and services, similar to those provided to refugees. These include food assistance, healthcare, cash assistance, housing assistance, and other forms of support that are often crucial to survivors of human trafficking.

4. Path to Permanent Residency

After three years in T Nonimmigrant Status, or once the investigation or prosecution of the trafficking is complete (whichever occurs earlier), T Visa recipients can apply to adjust their status and become lawful permanent residents (green card holders).

5. Assistance for Certain Family Members

The T Visa program recognizes the importance of family unity. Therefore, it allows certain qualifying family members of the T Visa recipients to also apply for a derivative T Visa, granting them the same protections and benefits.

6. Access to Refugee and Asylee Services

T Visa recipients are eligible for the same resettlement assistance and services that are provided to refugees and asylees. This can include language classes, job training, and counseling, which are invaluable resources for individuals starting a new life in the U.S.

7. Certification for the Victims of Trafficking in Persons

T Visa recipients can receive certification from the Office of Trafficking in Persons (OTIP). This certification gives them access to benefits and services to the same extent as a refugee, which helps support their recovery and integration into American society.

These benefits aim to provide survivors of human trafficking with the resources and opportunities they need to rebuild their lives. Nevertheless, the process of applying for and receiving T Nonimmigrant Status (T Visa) can be complex and requires careful navigation.

Further Reading – Learn the difference between a Visa and a Green Card.

Application Process for T Visa

Applying for a T Nonimmigrant Status, or T Visa, involves a comprehensive, multi-step process designed to evaluate the applicant’s eligibility and circumstances. The U.S. government has set stringent criteria to ensure this provision serves its purpose, to aid victims of human trafficking. This process can be complex and emotionally taxing for applicants, given the sensitive nature of the experiences they are required to recount. In this section, we will guide you through the key steps of the T Visa application process, from filling out the application forms to receiving the decision.

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

As the first and critical step in the T visa application process, the applicant needs to meticulously fill out Form I-914. This form requires comprehensive details about the applicant’s personal history, trafficking circumstances, and their presence in the U.S. It also has a section for a personal statement, which serves as the applicant’s opportunity to narrate their human trafficking experience in detail. This narrative should clearly explain how they were victimized and how it led to their presence in the United States.

2. Compile Supporting Evidence

Gathering supporting evidence is crucial to establishing the veracity of the claim. This can include a wide range of documents depending on the circumstances. Examples of supporting evidence include medical records, court documents, newspaper articles, police reports, photographs, letters of support from shelters or other non-profits, statements from witnesses, and any other document that substantiates the trafficking claim. Additionally, documents that show the applicant has complied with reasonable requests from law enforcement agencies investigating or prosecuting the acts of trafficking can significantly strengthen the application.

3. Obtain a Law Enforcement Declaration, if Possible

While not a mandatory requirement, a law enforcement declaration, also known as Form I-914 Supplement B, can greatly strengthen an application. This document is an affirmation from a law enforcement agency indicating that the applicant is a victim of trafficking and has been cooperative in the investigation or prosecution of the trafficking crime. It’s important to note that not being able to obtain this declaration does not preclude an applicant from obtaining a T visa, but having it can be beneficial.

Further Reading – Learn about U.S. immigration agencies and offices.

4. File Application for Immediate Family Members, if Applicable

T visa applicants can include certain eligible family members in their application, which can provide a pathway for these family members to also receive immigration benefits. This is done by completing Form I-914 Supplement A. Eligible family members include spouses and children of the principal applicant, and in some cases, parents and unmarried siblings under age 18.

5. Submit Application

After completing all the necessary forms and gathering the supporting evidence, the entire application package should be mailed to U.S. Citizenship and Immigration Services (USCIS). Care should be taken to ensure that the application package is complete and well-organized to facilitate processing.

6. Attend Interview, if Requested

Depending on the specifics of the application, USCIS may request an in-person interview. This typically happens at a local USCIS office and is an opportunity for the applicant to provide additional details about their application and human trafficking experience. An applicant should be prepared to discuss the details of their case openly and honestly.

7. Receive Decision

Once USCIS has reviewed the application and conducted any necessary interviews, they will make a decision on the application. This decision will be mailed to the applicant. If the application is approved, the approval notice will contain additional instructions on the next steps, such as how to apply for a work permit, how to access benefits and services, and how to maintain T nonimmigrant status.

Given the complicated nature of T Nonimmigrant Status (T Visa) applications and the severe emotional distress that can accompany recounting experiences of human trafficking, seeking the assistance of an experienced T Visa attorney is highly recommended. They can provide the necessary guidance and support to navigate through the application process.

Transitioning from T Visa to a Green Card

The T Nonimmigrant Status (T Visa) isn’t just a temporary solution, it can be a stepping stone to gaining a Green Card and becoming a Lawful Permanent Resident (LPR) of the United States. This potential transition is one of the significant benefits of obtaining a T Visa.

After three years of continuous presence in the United States on T nonimmigrant status, or upon the conclusion of the investigation or prosecution of the trafficking, whichever occurs earlier, a T Visa holder becomes eligible to apply for adjustment of status to obtain a Green Card.

1. Key Requirements

To ensure your eligibility, you must be holding T-1 nonimmigrant status at the time of your Green Card application. Additionally, your physical presence in the U.S. is significant. Ideally, you need to have stayed in the country continuously for a minimum of three years since you were initially admitted. Alternatively, the U.S. Attorney General might declare the duration of the trafficking investigation or prosecution sufficient, which could be shorter.

2. Demonstrating Good Character

Another pivotal criterion is to illustrate good moral character throughout your stay in the U.S. as a T-1 nonimmigrant, and during the entire time your Form I-485 (Application to Register Permanent Residence or Adjust Status) is pending.

3. Additional Conditions

Other conditions pertain to your involvement with trafficking investigation efforts, potential hardship, and your age at the time of trafficking. For instance, you should have complied with any reasonable requests for assistance in the investigation or prosecution of trafficking acts. If you were below 18 years of age at the time of trafficking or would suffer extreme hardship if removed from the U.S., you could also be eligible.

4. Admissibility and Waivers

Finally, you should be admissible to the U.S. as a lawful permanent resident. If certain grounds of inadmissibility apply to you, it is possible to seek an immigration waiver from USCIS.

Green Card Application Process

To apply for a Green Card as a T Visa holder, you need to file Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS. Along with this form, you must submit evidence to demonstrate your eligibility, which may include the following.

• Proof of your continuous physical presence in the U.S.
• Declarations, statements, or letters attesting to your good moral character.
• If applicable, a signed statement explaining why you did not comply with reasonable requests for assistance in the investigation or prosecution.
• Evidence demonstrating the potential extreme hardship you would face upon removal from the U.S.

You may also need to attend an interview with a USCIS officer, if required. The officer will review your application, verify the information, and ask you questions about your eligibility. USCIS will make a decision on your T Visa Green Card application and notify you. If approved, you will become a Lawful Permanent Resident and receive your Green Card and take a significant step towards the possibility of eventually applying for U.S. citizenship through naturalization.

T Nonimmigrant Status (T Visa) Costs

Applying for T Nonimmigrant Status or T Visa does not carry any filing fees. The U.S. Citizenship and Immigration Services (USCIS) waives all cost associated with the T Visa application, including biometric services, to lessen the financial burden on the victims of human trafficking.

This means that the following forms associated with T Visa applications are free of charge.

1. Form I-914, Application for T Nonimmigrant Status
2. Form I-192, Application for Advance Permission to Enter as Nonimmigrant, if needed
3. Form I-485, Application to Register Permanent Residence or Adjust Status
4. Form I-765, Application for Employment Authorization
5. Form I-131, Application for Travel Document

However, while there are no government filing fees, there may be other costs associated with the application process, such as medical examinations, document translations, and legal fees if you choose to hire an immigration attorney to assist with your case. These costs can vary widely based on individual circumstances.

Common Challenges and Issues with T Visa

Securing T Nonimmigrant Status (T Visa), like other immigration processes, can come with its own set of unique challenges and complexities. Here are some of the common issues that applicants might face.

1. Proving Victimhood

One of the primary requirements of a T Visa is that the applicant must be a victim of severe forms of human trafficking. Sometimes, it can be challenging to provide compelling evidence of victimhood, especially if there are no official records or if the trafficking took place in hidden or informal sectors.

2. Compliance with Law Enforcement

T Visa applicants are usually required to assist law enforcement in the investigation or prosecution of the human trafficking acts. This can be a difficult and emotionally taxing process for many victims. It can also be challenging if the applicant is afraid of retaliation from the traffickers.

3. Physical Presence Requirement

The requirement to maintain physical presence in the U.S. on account of trafficking can be complex to navigate. Determining whether an individual left the country due to extreme hardship related to the trafficking and whether they have been physically present since the most recent entry into the U.S. can sometimes be subjective and complicated.

4. Waiting Periods and Quotas

There’s an annual cap of 5,000 T Visas that can be issued to principal applicants each fiscal year. This can result in long waiting periods, and applicants might face uncertainty during this time.

5. Admissibility Issues

Some T Visa applicants might be inadmissible due to past immigration violations or criminal convictions. While waivers are available, securing these waivers requires meeting additional criteria and can complicate the application process.

6. Confidentiality Concerns

Given the sensitive nature of the crimes involved, applicants may be concerned about protecting their identity and personal information. The U.S. government has confidentiality provisions in place, but breaches, while rare, can still occur.

7. Applying for Family Members

While T Visa holders can apply for certain family members, understanding who qualifies and navigating the process can be complex. Family members residing outside the U.S. may also face delays and challenges in securing their visas.

Given these potential challenges, it’s crucial for T Nonimmigrant Status (T Visa) applicants to seek professional legal advice from a qualified immigration professional to understand their rights and the requirements of the T Visa application process.

How an Immigration Lawyer Can Help

Navigating the complexities of the T Visa application process can be an overwhelming task, particularly for victims of severe forms of trafficking who are already dealing with the emotional and physical trauma associated with their experiences. This is where the role of an experienced T Visa lawyer becomes crucial. Here’s how an immigration lawyer can help with T Visa application process.

1. Understanding the Requirements

T Visa applications entail specific eligibility criteria that are both detailed and complex. An immigration lawyer, with their deep understanding of immigration law, can provide clear explanations of these requirements and carry out a thorough assessment of whether you satisfy them. They can help you comprehend the legal definitions and technicalities, such as what constitutes ‘severe forms of trafficking’ or ‘compliance with reasonable requests for assistance.’

2. Document Preparation

For a successful T Visa application, compiling a comprehensive set of supporting documents is critical. These range from police reports, court documents, and medical records to personal affidavits recounting the trafficking experience. An immigration lawyer can assist you in preparing and organizing these documents in a manner that cogently substantiates your claims and bolsters your case.

3. Legal Representation

Navigating the interactions with the U.S. Citizenship and Immigration Services (USCIS) can be intimidating. An immigration lawyer can act as your legal representative during these interactions, whether they be correspondence, interviews, or addressing potential issues that may arise during the application process.

4. Assistance with Waivers and Appeals

In cases where the applicant is deemed inadmissible to the U.S., an immigration lawyer can assist in filing a waiver application, arguing why the grounds of inadmissibility should be overlooked considering the applicant’s circumstances. Moreover, if a T Visa application is unfortunately denied, an immigration lawyer can guide you through the appeals process, ensuring that your rights to a fair assessment are upheld.

5. Transition to Permanent Residency

One of the significant advantages of a T Visa is the potential pathway to a green card. An immigration lawyer can help streamline this process, ensuring you meet the conditions and adhere to the necessary timelines involved in transitioning from T nonimmigrant status to lawful permanent residency.

6. Facilitating Family Petitions

T Visa holders are eligible to petition for certain family members to obtain derivative T Visas. An immigration lawyer can guide you through these additional applications, making certain that your loved ones also receive the protection they need.

7. Legal Advice, Support, and Advocacy

Perhaps the most critical role an immigration lawyer plays is offering personalized legal advice, emotional support, and steadfast advocacy throughout the process. Applying for a T Visa is more than a legal process; it’s a personal journey requiring sensitive handling, understanding, and encouragement.

Remember, each individual’s situation is unique, and the assistance of an immigration lawyer can be invaluable in successfully navigating the T Visa application process.

Securing a T Visa can be a complex process, but you don’t have to go through it alone. At Glenn Immigration Law Firm in Atlanta, our team, led by attorney Pepper N. Glenn, has years of experience in helping victims of human trafficking secure their rights and their futures. We understand the importance of your case and we are committed to providing compassionate, comprehensive legal services. Don’t hesitate to reach out to us today and let’s discuss how we can assist you with your T Visa application.

T Nonimmigrant Status (T Visa) FAQs

Navigating through the complex world of immigration procedures can feel overwhelming. Here, we have compiled a list of frequently asked questions about T Nonimmigrant Status, or T Visa, to help clarify some of your doubts. From understanding what T Visa is to knowing its benefits, eligibility criteria, and how to apply, these FAQs aim to provide some clarity. However, remember that immigration law is complex, and the answers to these questions might not fully apply to your unique situation. Always consult with an immigration lawyer for personalized advice.