If you are a victim of human trafficking and you are currently in the United States, the T Visa may offer you a pathway to remain in the country while you recover and seek justice. The T Visa is designed to help individuals who have been trafficked for labor or sexual exploitation by providing temporary legal status, with the possibility of applying for a green card later on. The application process can be complex, but with the right information and guidance, you can navigate it successfully. Here’s a step-by-step guide to help you understand the T Visa application process and what to expect along the way.
Understanding the T Visa
The T Visa is available to individuals who have been victims of human trafficking and meet specific eligibility requirements. These requirements include:
- Being a victim of a severe form of trafficking, which can include both labor trafficking and sex trafficking.
- Being physically present in the United States, American Samoa, or the Northern Mariana Islands due to trafficking.
- Cooperating with law enforcement in the investigation or prosecution of traffickers, unless you are under 18 or unable to assist due to trauma or fear.
- Demonstrating that you would suffer extreme hardship if you were to return to your home country.
This visa provides temporary status for up to four years and can also allow victims to apply for family members to join them in the U.S. The first step, however, is to begin the application process.
Step 1: Gather the Necessary Documents
Before you begin the T Visa application process, it is important to gather all the documents you may need. These documents will help prove that you are eligible for the T Visa and will strengthen your application. Some of the required documents include:
- Proof of Trafficking Victimization: This is the most important part of your application. You will need to show that you were a victim of severe trafficking. This could include police reports, affidavits, medical records, or other documents that show you were exploited through trafficking. You can also submit a personal statement explaining your experience.
- Cooperation with Law Enforcement: Generally, you must cooperate with law enforcement to investigate or prosecute the traffickers. If you are under 18 or unable to cooperate due to fear or trauma, there are exceptions, but you must provide evidence of this. If you have been working with law enforcement, gather any related documents or statements that show your involvement in the case.
- Evidence of Hardship: You must demonstrate that you would face extreme hardship if you were removed from the U.S. or sent back to your home country. This might include physical, emotional, or financial hardship, such as lack of protection from the trafficking network in your home country.
- Identification Documents: Be prepared to provide copies of identification documents such as your passport, birth certificate, or any other government-issued ID. If you do not have these documents due to your trafficking situation, explain why and provide any available alternatives.
Step 2: File Form I-914
The following step in the T Visa application process is submitting Form I-914, the Application for T Nonimmigrant Status. This form serves as the primary application for the T Visa and must be filed with U.S. Citizenship and Immigration Services (USCIS). The form is detailed, so it’s important to complete it thoroughly and accurately. It will request information regarding:
- Your personal background.
- The details of your trafficking experience.
- Your cooperation with law enforcement, if applicable.
- Any family members you want to include in your application.
You must submit the required supporting documents with your Form I-914 application. It’s essential to provide as much evidence as possible to support your claims. Incomplete or insufficient applications may delay processing or lead to a denial.
Step 3: Submit Form I-914 Supplement B (if applicable)
In addition to Form I-914, you will need to submit Form I-914 Supplement B, which is a law enforcement certification. This form must be completed by a law enforcement officer, such as a police officer, federal agent, or a prosecutor, to confirm that you are a victim of trafficking and have cooperated with law enforcement efforts. This certification is critical to your application The because it confirms your eligibility for the T Visa.
If you are under 18 or unable to cooperate with law enforcement, you may not need to submit the supplement, but it’s important to explain your situation and provide documentation regarding your inability to cooperate.
Step 4: Wait for Processing
Once your application is submitted, you will need to wait for USCIS to process your T Visa application. Processing times can vary depending on the complexity of your case and the volume of applications being processed. During this period, USCIS may request additional documentation or schedule an interview with you. It’s important to respond to any requests promptly.
If you are granted a T Visa, you will receive approval for a temporary status of up to four years. You may also be eligible to apply for employment authorization and receive work permits. After three years of being in T status, you may be eligible to apply for a green card if you meet certain conditions, such as continued cooperation with law enforcement or proving your ongoing need for protection.
Step 5: Apply for Derivative T Visas for Family Members (if applicable)
If you are approved for a T Visa, you may also be eligible to bring certain family members to the U.S. under derivative T Visas. Eligible family members can include:
- Spouses.
- Children under the age of 21.
- Parents, if the applicant is under 21.
To apply for derivative T Visas for your family members, you will need to submit additional forms and evidence, including proof of the family relationship. This application process is separate but may be filed concurrently with your own T Visa application.
Step 6: Attend Interviews or Provide Additional Information (if required)
In some cases, USCIS may request an interview or additional information about your application. If this happens, be prepared to provide more details about your trafficking experience, your cooperation with law enforcement, or your hardship situation. Having an experienced immigration attorney by your side during this step can help ensure that your application is properly presented.
Step 7: Receive Your Decision
After your application is processed, USCIS will issue a decision on your T Visa case. If your application is approved, you will be granted T Nonimmigrant Status for up to four years. If your application is denied, you will be notified of the reason for the denial and may have the opportunity to appeal the decision or file a motion to reopen or reconsider the case.
We’re Here to Help You Navigate the T Visa Application Process
The T Visa application process can be complex and requires close attention to detail. However, with the right guidance and thorough documentation, you can navigate the steps toward securing vital protection and potentially a path to lawful permanent residency in the U.S. If you are a victim of trafficking, working with an experienced immigration attorney can help you understand the process, overcome any challenges, and strengthen your application.
At Saavedra & Perez Law, we are committed to helping victims of human trafficking pursue the T Visa and its benefits. If you or someone you know is considering this option, contact us to explore your legal choices and receive the compassionate support you need throughout this critical process. The T Visa offers not only protection and relief but also an opportunity for a brighter and more secure future. Let us help you take this important step forward.