T Visa : For Victims of Human Trafficking

The T nonimmigrant visa provides protection to victims of severe forms of human trafficking, including sex trafficking or forced labor, who are in the United States due to trafficking. T visa holders may remain in the U.S., receive certain protections, and assist law enforcement in the investigation or prosecution of human trafficking cases.

Under federal law, a “severe form of trafficking” includes:

•         Sex trafficking:Recruiting, harboring, transporting, providing, soliciting, patronizing, or obtaining someone for a commercial sex act through force, fraud, or coercion, or if the person is under 18.
•         Labor trafficking:Recruiting, harboring, transporting, providing, soliciting, patronizing, or obtaining someone for labor or services through force, fraud, or coercion for involuntary servitude, debt bondage, or slavery.

T visa is a temporary immigration benefit.

Difference Between U and T Visas

U visas are for victims of certain crimes who have suffered abuse and are helping law enforcement, while T visas are specifically for victims of severe human trafficking, including sex and labor trafficking. U visas cover a broader range of crimes, whereas T visas focus on trafficking.

Eligibility Requirements
To qualify for a T visa, applicants must demonstrate:

•      They are or have been a victim of a severe form of trafficking in persons.
•      They are physically present in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry due to trafficking.
•      They comply with any reasonable requests to assist law enforcement in investigating or prosecuting trafficking (with some exceptions for minors and individuals experiencing physical or psychological trauma).
•      They would suffer extreme hardship if removed from the U.S.
•      They are admissible to the United States or eligible for a waiver of inadmissibility.

T visa applicants are fee-exempt and can file from within the U.S. or at certain U.S. ports of entry.

 

Period of Stay

•         Initial status:Up to 4 years, with the possibility of extension under certain circumstances.
•      T visa holders may be eligible to apply for lawful permanent residence (Green Card) after 3 years of continuous physical presence in the U.S. since admission as a T nonimmigrant, or after maintaining continuous presence during the investigation/prosecution of the trafficking if that period ends earlier.

Family of T Visa Holders
Certain eligible family members may qualify for derivative T nonimmigrant status. You can apply for family members who are in present danger of retaliation due to your escape from trafficking or cooperation with law enforcement:

•      Your parents
•      Your unmarried siblings under 18
•      Children of any age or marital status of family members already granted derivative T status

If your family members are not in immediate danger, eligibility depends on your age:

•         Under 21:spouse, unmarried children under 21, parents, and unmarried siblings under 18
•         21 or older:spouse and unmarried children under 21,

Key Advantages

•      Provides protection and immigration status to victims of human trafficking.
•      Eligible for deferred action and employment authorization while the T petition is pending; filing Form I-765 under category (c)(40) allows work authorization.
•      Certain family members may derive T status, including parents, unmarried siblings under 18, and children of derivatives, depending on age and danger of retaliation.
•      T visa holders are fee-exempt for the initial petition and related applications.
•      Access to federal and state public benefits as “qualified aliens” once prima facie eligibility or approval of Form I-914 is established.
•      Employment authorization may also be obtained for derivative family members once the principal applicant receives deferred action or work authorization.

How We Can Help
At the Law Offices of Metin Serbest, we assist T visa applicants in every step:

•      Preparing and filing Form I-914 (T nonimmigrant status) and derivative petitions.
•      Documenting evidence of trafficking and cooperation with law enforcement.
•      Applying for employment authorization and adjustment of status.
•      Guidance on family derivatives, benefits, and legal protections.
•      Filing I-192 (waiver of inadmissibility) if applicable.

Schedule a Consultation

Contact the Law Offices of Metin Serbest to review your eligibility for a T Visa and take the first step toward protection and stability in the United States