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T Visa

Have you been subject to sex trafficking or involuntary servitude?

Would you suffer extreme hardship if you were deported?

If your answer is “Yes,” you may be eligible for a T visa. The T visa is for persons who have been subjected to sex trafficking before the age of 18, or recruited and harbored for labor through force, fraud, or coercion, and a law enforcement officer or prosecutor has made a reasonable request to the victim to cooperate in the investigation or prosecution of the acts, and the applicant has agreed.

There are five different types of T visas:

  1. T-1: Aliens who are victims of severe forms of trafficking in persons;
  2. T-2: Spouse of the T-1 victims;
  3. T-3: Children of the T-1 victims;
  4. T-4: Parents of the T-1 victims;
  5. T-5: Unmarried siblings under age of 18 of the T-1 victims.

WHAT DO I HAVE TO SHOW TO QUALIFY FOR A T VISA?

To be eligible for a T visa, the foreign national victim must meet the following requirements:

  • Has been subjected to the use of force, fraud, or coercion for sex trafficking and/or involuntary servitude, peonage, debt bondage, or slavery;
  • Must be physically present in the U.S.;
  • Will comply with a reasonable request by law enforcement authorities to assist in the investigation or prosecution of such trafficking or in the investigation of crimes, where trafficking is at least one central reason for the crime;
  • Would suffer extreme hardship, involving unusual and severe harm, upon removal or deportation from the U.S.

WHAT DOCUMENTS ARE REQUIRED BEFORE FILING A T VISA APPLICATION?

Immigration Form I-914 must be filed, along with the T visa fee, three current photos, a fingerprint fee, evidence that the person is a victim of a severe form of trafficking, proof that the individual is physically present in the U.S. because of the trafficking, proof of compliance with a reasonable request for assistance in the investigation or prosecution, or proof that the person is younger than 18, and evidence that the individual would suffer extreme hardship involving unusual and severe harm upon removal or deportation from the U.S..

HOW LONG CAN I STAY IN THE U.S. ON A T VISA?

T visa holders can remain in the U.S. for four years.

CAN I APPLY FOR A CHANGE OF STATUS OR ADJUSTMENT OF STATUS ON A T VISA?

Yes. An applicant can change status to a T visa, and up to 5,000 principal T visa holders, each year, can adjust their status if meeting certain requirements.

CAN I WORK IN THE U.S. ON A T VISA?

Yes. T visa holders can receive employment authorization, as well as other benefits offered to refugees.

CAN MY FAMILY MEMBERS ACCOMPANY ME TO THE U.S. ON A T VISA?

Yes. Siblings under the age of 18, and a parent or child may accompany or follow to join if the principal is under the age of 21. If the principal is over 21, he or she may bring his or her spouse and children only.

CONCLUSION

If you are a foreign national and have been a victim of sex trafficking or involuntary servitude, and have cooperated with law enforcement in investigation and prosecution, you may be eligible for a T visa.

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