Human trafficking is one of the most devastating crimes, often leaving survivors in fear, uncertainty, and legal limbo. The T visa was created to offer victims of trafficking a way forward—a legal path that prioritizes safety, stability, and healing.
If you’ve been forced into labor trafficking or sex trafficking, or know someone who has, you may qualify for the protections available through a T visa. This special nonimmigrant status allows certain victims of human trafficking to stay in the United States, assist with investigations or prosecutions, and eventually apply for permanent residence.
At The Chidolue Law Firm, we help trafficking survivors understand their rights, navigate the immigration relief process, and begin rebuilding their lives. In this guide, we’ll walk you through how the T visa works and what it takes to apply with confidence.
What Is the T Visa and Who Qualifies?
The T visa is a humanitarian form of nonimmigrant status created under the Trafficking and Violence Protection Act to protect victims of human trafficking. It allows individuals who have been subjected to a severe form of trafficking, such as involuntary servitude, forced labor, or sex trafficking, to remain in the United States and apply for immigration relief.
To be eligible, a T visa applicant must meet the following eligibility requirements:
- The trafficking occurred within the U.S. or violated U.S. law.
- The person is a victim of a severe form of trafficking in persons, which may include debt bondage, force, fraud, or coercion.
- They must be physically present in the U.S. due to trafficking.
- They are willing to assist law enforcement in the detection, investigation, or prosecution of the trafficking crime, unless under age 18 or unable to cooperate due to trauma.
- The applicant would face extreme hardship involving unusual and severe harm if removed from the U.S.
The law recognizes both labor trafficking and commercial sex acts as qualifying circumstances. Minors and other certain victims may also qualify without meeting the cooperation requirement.
How the T Visa Protects Survivors
The T nonimmigrant status is more than just permission to stay—it’s a path to protection and long-term stability. Once granted, a T visa gives survivors legal permission to remain in the United States for up to four years, with the possibility of extending or transitioning to permanent residence.
T visa holders can:
- Legally work in the U.S. with work authorization
- Access public benefits in some states
- Include qualifying family members such as children, spouses, parents (if under 21), and even siblings in certain cases
- Eventually adjust status to become a lawful permanent resident after three years or once a trafficking investigation is complete
Survivors are also shielded from deportation and removal proceedings during the application process and after approval. This is critical for individuals who may have unknowingly violated immigration rules while under control of their traffickers.
Protection under the T visa status can also extend to those facing extreme hardship if forced to return to their home country—especially in cases involving mental abuse, trauma, or the ongoing threat of retaliation.
Filing Your T Visa Application: Steps and Requirements
Applying for a T visa requires careful attention to detail, strong supporting documents, and often the help of an experienced legal team. To begin, the T visa applicant must submit Form I-914, Application for T Nonimmigrant Status, to U.S. Citizenship and Immigration Services.
Here’s what’s typically included in a T visa application:
- A completed Form I-914
- A personal statement describing the trafficking experience, including how the individual was recruited, transported, and exploited
- Credible evidence of trafficking, such as police reports, court documents, shelter records, or affidavits from professionals
- Evidence of extreme hardship if forced to leave the U.S.
- Supplement B (Form I-914, Supplement B) completed by a law enforcement agency or federal law enforcement agency, confirming the victim’s cooperation in the investigation or prosecution—unless the applicant is under 18 or traumatized
- Proof of presence in the U.S. due to trafficking
Applicants should also include any additional documents that support their eligibility, such as medical evaluations, proof of suffered substantial physical or mental abuse, or records that show threats, isolation, or unusual and severe harm.
Who Can Be Included in Your T Visa Case?
The T visa isn’t just for survivors—it can also offer protection to certain qualifying family members. These individuals may apply for derivative T nonimmigrant status to join or remain with the principal applicant in the U.S.
Eligible family members include:
- Spouse of the T visa holder
- Unmarried children under 21
- Parents of T visa holders under 21 years of age
- Unmarried siblings under 18 (only if the principal applicant is under 21)
- A next friend may apply on behalf of a minor who cannot file themselves due to trauma or age
To include family members, the applicant must file Form I-914, Supplement A, and submit credible evidence relevant to the relationship—such as a birth certificate, marriage certificate, or proof of dependency.
It’s important to act quickly, especially for family living abroad. The number of additional visas available each year is limited, and applications are subject to the visa cap.
After You Apply: What to Expect
Once your T visa application is submitted, the waiting period begins. U.S. Citizenship and Immigration Services (USCIS) will review your petition and issue a receipt notice confirming they’ve received it. From there, USCIS evaluates your case for a bona fide basis.
If your application meets the initial screening, you may receive deferred action, which protects you from removal and may make you eligible for work authorization while your petition is processed.
If there are missing documents or insufficient evidence, USCIS may issue a Request for Evidence (RFE) or deny the case. However, if approved, you will be granted T nonimmigrant status and can begin the path to permanent residence.
T visa holders must maintain their nonimmigrant status for three years—or until the investigation or prosecution is complete—before applying to adjust status to become a lawful permanent resident.
Why Legal Guidance Is Essential When Applying for a T Visa
Applying for a T visa is not just about filling out forms—it’s about telling a deeply personal story that aligns with complex immigration laws. Survivors must prove they were victims of a severe form of trafficking, that they are physically present in the U.S. due to that trafficking, and that they would suffer unusual and severe harm if forced to leave.
The legal process involves preparing a personal statement, gathering reliable information, navigating federal law, and working with law enforcement officials. Mistakes or missing documentation can delay or even derail a case—especially when dealing with trauma, mental abuse, or fear of retaliation.
At The Chidolue Law Firm, we help victims of trafficking gather strong evidence, complete the correct forms, and prepare for all communication with immigration services. We advocate for our clients from start to finish and ensure every piece of supporting documentation is included.
If you or a loved one may qualify for T nonimmigrant visas, don’t face this journey alone. You deserve safety, protection, and a path forward—and we’re here to help make that possible.
- national human trafficking hotline
- trafficking victims
- labor trafficking
law enforcement officials
FAQs
What is the new rule for a T visa?
The latest updates emphasize a trauma-informed approach, easing evidentiary requirements and allowing more flexibility when proving cooperation with law enforcement. USCIS now takes into account the physical and psychological effects of trafficking when reviewing applications.
What is the difference between T visa and U visa?
The T visa is designed specifically for victims of human trafficking, while the U visa is for victims of other serious crimes, such as domestic violence, sexual assault, or false imprisonment. Both visas require cooperation with law enforcement, but the T visa has a faster path to permanent residence in some cases.
What is the success rate of the T visa?
T visa approval rates vary by year but tend to be relatively high when credible evidence and legal requirements are clearly met. Working with a qualified immigration attorney greatly improves the chances of success.
What is the difference between visa E and visa T?
The E visa is for individuals involved in trade and investment between the U.S. and treaty countries, while the T visa is solely for trafficking victims who meet specific eligibility requirements and can demonstrate extreme hardship if removed from the U.S.
