For survivors of human trafficking, the T visa provides a crucial path to safety and legal stability in the United States. In addition to granting lawful status to the principal applicant, the T visa may allow certain family members to be included in the application. This can offer protection to loved ones who may also be at risk, or who are already present in the U.S. and need legal status to remain safely. However, the rules about who qualifies and how to apply are not always easy to follow. A small mistake can delay or even jeopardize the process.
This article breaks down the key points to know when considering which family members may be added to a T visa application, what evidence to include, and how to avoid common missteps.
Who Can Be Included as a Family Member
Not every family member can be automatically included on a T visa application. Eligibility depends on the age of the principal applicant and the nature of the relationship.
If the principal applicant is under 21 years old, they may include:
- Parents
- Unmarried siblings under 18
- Spouse
- Children
If the principal applicant is 21 or older, only their spouse and children are eligible.
However, there is one additional pathway known as the “derivative of a derivative” option, available under certain conditions. If a family member is in danger due to the trafficking situation or due to their relationship with the applicant, they may also be eligible—even if they do not fall within the typical qualifying categories.
Understanding Derivative T Visa Status
Family members who are approved as derivatives will receive T nonimmigrant status, which allows them to remain in the United States legally. They can obtain work authorization and may eventually be eligible for lawful permanent residence, just like the principal applicant. However, approval is not automatic. Each family member must file a separate application using Form I-914, Supplement A. That form must include detailed information about the relationship, along with supporting documentation.
The process is separate from, but linked to, the principal T visa application. If the main case is denied, the derivative applications will likely be denied too.
The Importance of Documentation
USCIS places great importance on documentation when reviewing T visa applications. This includes both the principal application and any derivatives. For family members, evidence of the relationship is essential. Common examples include:
- Marriage certificates (for spouses)
- Birth certificates (for children, parents, or siblings)
- Legal guardianship records (if applicable)
If the documents are from a country that does not issue formal records or if they were lost due to trafficking or other crises, applicants must submit alternative proof and a written explanation. Affidavits, photographs, school records, or other forms of evidence may be accepted in these cases.
Proving Risk of Retaliation or Danger
There are also scenarios where a family member does not fit the standard categories but may still be eligible due to ongoing danger or retaliation connected to the trafficking. In these situations, the applicant must provide strong evidence showing how the family member is at risk due to the applicant’s cooperation with law enforcement or the traffickers’ continued threats.
This can be difficult to prove without legal support. Police reports, affidavits from advocacy organizations, or correspondence from investigators involved in the trafficking case may help establish a pattern of danger that affects the family.
Avoiding Common Mistakes
One of the most frequent problems in T visa family applications is not submitting the right supporting evidence. Even a missing signature, outdated form, or incorrect filing fee can cause delays. It’s also easy to misjudge who qualifies based on the applicant’s age or marital status. For example, including a married child or a parent of an applicant who is over 21 would result in a denial of that family member’s application.
Another common pitfall is not filing all applications at the same time. While derivative forms can be submitted after the principal T visa has been approved, doing so earlier can avoid delays and give the family more protection. Submitting them together also helps demonstrate that the family unit is cohesive and that protection is needed right away.
Timing and Processing Delays
The T visa process can take 26.5 months or more, depending on the caseload at USCIS. Family applications filed together with the principal application are generally processed in the order received. But if a family member’s case is especially time-sensitive—due to a medical need, threat of deportation, or another form of hardship—it’s possible to request expedited processing. Such requests must include compelling documentation and a clear explanation of the urgency.
Additionally, if a family member is outside the United States, the consular processing step can add time to the process. Coordination between USCIS and the U.S. embassy or consulate is necessary, and the family member must attend an interview before a visa is issued.
Work and Public Benefits
Once approved, and in certain situations where a bona fide determination is granted, work permits may also be available, allowing family members to apply for authorization and begin building a life in the United States. While federal benefits are limited for many immigrants, those with T visa status may be eligible for certain health, housing, and food assistance programs. This can be especially important for children or vulnerable adults who need stability while adjusting to life after trafficking.
Each family member’s eligibility may vary depending on their specific situation and location. Consulting a lawyer can help families understand what assistance is available.
Adjusting Status to Lawful Permanent Residency
A T visa holder and their eligible family members may apply for a green card after three years of continuous presence in the United States or after the trafficking investigation or prosecution is complete—whichever comes first. This applies to both principal applicants and qualifying family members with T derivative status.
To qualify, family members must continue to meet eligibility rules and avoid certain issues that may make them inadmissible. These include criminal charges or extended time outside the U.S. without proper authorization.
Seek Legal Guidance from Saavedra & Perez Law
Applying for a T visa, especially when family is involved, is complex and deeply personal. Survivors of trafficking are often navigating emotional recovery at the same time they are trying to meet strict legal standards. The stakes are high for both the principal applicant and their loved ones.
At Saavedra & Perez Law in Fairfax, Virginia, we help clients through each stage of this process—from the initial filing to family inclusion and green card applications. Our team understands the importance of getting every detail right, and we work to ensure survivors and their families receive the protection they deserve. If you need help understanding your options or preparing an application, contact us today for compassionate, experienced legal support.