What is a T Visa?
A T Visa is a non-immigrant visa category issued by the U.S. Citizenship and Immigration Services (USCIS) to individuals who have been victims of human trafficking. This visa is a lifeline for survivors, offering them legal protection, support, and a pathway to lawful status in the United States. It was created to encourage survivors of human trafficking to come forward, cooperate with law enforcement, and rebuild their lives free from fear and coercion.
What are the Types of T Visa?
There are two primary types such as:
- T-1 Visa: Issued to the primary victim of human trafficking.
- T-2, T-3, T-4 Visas (Derivatives): For certain family members of the primary victim.
T Visa Eligibility
To be eligible, you must:
- Be a victim of human trafficking.
- Cooperate with law enforcement in the investigation and prosecution of traffickers.
- Have suffered physical or psychological harm as a result of trafficking.
- Be present in the U.S. when applying.
Documents Required for T Visa?
- A completed Form I-914, Application for T Nonimmigrant Status.
- Completed Form I-914, Supplement B, Declaration of Law Enforcement Officer for Victim of Trafficking in Persons. This is a certification that you are a victim of human trafficking as proven by law enforcement agencies.
- Three passport-sized photographs.
- Other evidence to show proof that you meet the eligibility criteria.
Benefits of T Visa
Obtaining a T Visa comes with a range of vital benefits for survivors of human trafficking:
- Protection from Deportation: Holders are protected from deportation and have legal status to reside in the United States.
- Work Authorization: T Visa recipients are eligible to work in the United States, allowing them to support themselves and their families.
- Family Reunification: Holders can petition to bring certain family members to the United States, allowing survivors to reunite with loved ones.
- Access to Services: Survivors with T visas can access government-funded programs and services, including health and social services crucial for their recovery.
- Path to Permanent Residency: After maintaining T Visa status for a certain period, survivors may be eligible to apply for lawful permanent residency (green card).
- Cooperation with Law Enforcement: By cooperating with law enforcement, T Visa holders play a crucial role in bringing traffickers to justice.
- Psychological and Emotional Support: Recipients often have access to counseling and support services.
How to Apply for a T Visa?
This visa application process involves:
- Consult an Immigration Attorney: Seek guidance from an experienced immigration attorney.
- Complete Form I-914: Fill out the application form accurately.
- Gather Supporting Documents: Collect necessary documents, including law enforcement certification.
- Personal Statement: Write a detailed statement explaining the trafficking experience and cooperation with law enforcement.
- Include Additional Evidence: Provide any additional evidence that supports the case.
- File Your Application: Mail the completed form and documents to USCIS.
- Wait for a Decision: USCIS will review the application, and the process may take several months.
What is T Visa Processing Time?
The current processing timeframe for the visa applications is 17.5 – 36.5 months. T visa processing also includes background checks and biometrics. Applicants can conveniently track their progress online through official immigration portals, ensuring transparency and timely updates.
T Visa Costs
There is no fee to file a T visa application. Applicants can also request fee waivers for other forms filed as part of the application, including Form I-765 (Application for Employment Authorization), Form I-131 (Application for Travel Document), and Form I-485 (Adjustment of Status), if applicable.
What to do if your T Visa is Denied?
- Consult an Attorney:
Seek legal advice promptly from an experienced immigration attorney who specializes in T Visa cases. They can provide insights into the reasons for the denial and guide you on the best course of action.
- Review the Denial Notice:
Carefully review the denial notice issued by the USCIS. This notice typically outlines the specific reasons for the denial and provides essential information on how to address those issues.
- Consider an Appeal:
Depending on the circumstances, you may have the option to appeal the denial. An appeal involves submitting a formal request to have the decision reconsidered. Your attorney can assist you in preparing a strong appeal, addressing the issues raised in the denial notice.
- Reapply with Stronger Evidence:
If the denial is due to insufficient evidence or other correctable issues, you may choose to reapply. Work closely with your attorney to strengthen your case by providing additional and more compelling evidence to support your eligibility.
- Maintain Legal Status:
While addressing the denial, it’s crucial to maintain your legal status in the U.S. If your current legal status is tied to your T Visa application, work with your attorney to ensure that you comply with immigration regulations.
- Explore Other Options:
If the T Visa is not an option, your attorney can help you explore alternative immigration options or forms of relief that may apply to your situation. This could involve considering other visa categories or legal strategies to address your immigration status.
- Seek Victim Services:
Regardless of the application outcome, continue accessing victim services, support, and counselling. Organizations and resources are available to assist trafficking survivors, and your attorney may be able to connect you with these valuable services.
- Understand the Reasons for Denial:
Gain a clear understanding of the specific reasons for the denial. This knowledge is crucial in addressing the issues and presenting a stronger case upon appeal or reapplication.
T Visa Certification
The certification is issued by law enforcement, confirming the applicant’s cooperation in the investigation and prosecution of human traffickers.
Convert from T Visa to Green Card
1. Meet Eligibility Criteria:
- Ensure eligibility for a Green Card based on T visa status after maintaining T-1 status for a minimum of three years.
- Fulfill requirements demonstrating your commitment to the United States.
2. Cooperate with Law Enforcement:
- Continue collaboration with law enforcement agencies actively engaged in trafficking investigations.
- Provide ongoing support to enhance the effectiveness of legal proceedings against traffickers.
3. File Form I-485 – Adjust Status:
- Initiate the Green Card application process by submitting Form I-485 to USCIS.
- This step signifies your intention to transition from T visa status to that of a lawful permanent resident.
4. Include Forms I-485 Supplements:
- Accompany your Form I-485 with Supplement E, a declaration expressing your commitment to residing in the United States.
- If applicable, include Form I-485 Supplement A under Section 245(i) to address specific eligibility criteria.
5. Biometrics Appointment:
- Attend a scheduled biometrics appointment to provide fingerprints, a photograph, and your signature.
- This step enhances identity verification and security measures in the Green Card application process.
6. USCIS Interview & Decision:
- Participate in a USCIS interview as part of the evaluation process for your Green Card application.
- Await USCIS’s decision on your application, responding promptly to any Request for Evidence (RFE) if requested.
Note: Stay informed by following the latest USCIS guidelines, and consider seeking advice from an immigration attorney for personalized assistance and updates tailored to your specific case. The transition from T visa to Green Card status is a significant milestone, and careful adherence to procedures ensures a smoother process.
Difference Between T Visa and U Visa
| Aspect | T Visa | U Visa |
| Purpose | Designed for victims of human trafficking | Designed for victims of certain crimes e.g., domestic violence, sexual assault, etc. |
| Eligibility | Victims of human trafficking | Victims of qualifying crimes |
| Cooperation Requirement | Must cooperate with law enforcement | Must cooperate with law enforcement |
| Types of Certification | Requires a T Visa certification from law enforcement | Requires a U Visa certification from law enforcement |
| Family Derivatives | T-2, T-3, T-4 visas for certain family members | U-2, U-3, U-4 visas for certain family members |
| Legal Status | Provides legal status to victims and their qualifying family members | Provides legal status to victims and their qualifying family members |
| Work Authorization | Offers work authorization to recipients | Offers work authorization to recipients |
| Path to Green Card | Can lead to lawful permanent residency (green card) after three years | Can lead to lawful permanent residency (green card) after three years |
| Annual Cap | No annual cap on the number of visas issued | Limited to 10,000 U Visas per fiscal year |
| Specific Application | Form I-914, Application for T Nonimmigrant Status | Form I-918, Petition for U Nonimmigrant Status |
Conclusion
Unlocking hope through the T Visa is not just about legal status; it’s about rebuilding lives. Survivors of human trafficking can find protection, support, and a path to a more stable future in the United States. The T Visa is a beacon of empowerment for those who have endured unimaginable hardships, providing a lifeline to break free from the shackles of human trafficking and embark on a journey of dignity, healing, and hope. Seek professional guidance, understand the process, and embrace the possibilities that the T Visa offers in the pursuit of a brighter tomorrow.
FAQs
Q1- What is the T Visa and who is it designed for?
It is designed for victims of human trafficking, offering protection to those who have been subjected to severe forms of trafficking and are willing to assist law enforcement in the investigation or prosecution of trafficking cases.
Q2- How do I prove my eligibility for a T Visa, and is there a fee for applying?
Eligibility for this visa involves demonstrating that you are a victim of trafficking and are willing to cooperate with law enforcement. There is no fee for the T Visa application itself, but associated forms and services may have fees.
Q3- Can I include my family members in my T Visa application, and what if I lack a T Visa certification from law enforcement?
Yes, you can include eligible family members in their application, promoting family reunification. In cases where obtaining a T Visa certification from law enforcement is challenging, alternative forms of evidence, such as affidavits or documentation, can be submitted to establish eligibility. It’s crucial to work with legal experts to ensure a comprehensive application despite certification obstacles, emphasizing the importance of family unity in the T Visa process.
