T VISA

Yes. T nonimmigrant status is also available for certain qualifying family members of trafficking victims.

Regardless of your age, you may apply for the following family members if they are in present danger of retaliation as a result of your escape from trafficking or cooperation with law enforcement:

• Your parents;
• Your unmarried siblings under 18 years of age; and
• The children of any age or marital status of your qualifying family members who have been granted derivative T nonimmigrant status.

If your family members are not in present danger of retaliation, then if you are under 21 years of age:

• Spouse
• Unmarried children who are under 21 years old
• Parents
• Unmarried siblings who are under 18 years old

If you are 21 years of age or over you may sponsor:

• Spouse
• Unmarried children who are under 21 years old

You may be eligible for T nonimmigrant status if you:

• Are or were a victim of a severe form of human trafficking as defined above;
• Are in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry due to trafficking;
• Comply with any reasonable request from a law enforcement agency for assistance in the investigation or prosecution of human trafficking (unless you are under the age of 18 or you are unable to cooperate due to physical or psychological trauma. In either case, you may not need to show that you complied with reasonable requests from law enforcement);
• Demonstrate that you would suffer extreme hardship involving unusual and severe harm if you were removed from the United States; and
• Are admissible to the United States (If you are not admissible, you may be eligible for a waiver of certain grounds of inadmissibility.

• Sex trafficking: When someone recruits, harbors, transports, provides, solicits, patronizes, or obtains a person for the purpose of a commercial sex act, where the commercial sex act is induced by force, fraud, or coercion, or the person being induced to perform such act is under 18 years of age; or

• Labor trafficking: When someone recruits, harbors, transports, provides, or obtains a person for labor or services through the use of force, fraud, or coercion for the purpose of involuntary servitude, peonage, debt bondage, or slavery.

There is a waiver available for many items that would otherwise prevent you from qualifying for a green card. 

Each individual case is different.

There is no fee for the application. 

There is a fee for the waiver, if it is necessary. 

​Yes. The T visa is valid for up to four years. If this period expires without an extension the T visa is no longer valid. However, the T visa may be withdrawn if you do not cooperate with the law enforcement investigation.