Navigating the T Visa Process: A Comprehensive Guide
- sacredheartimmigra
- Jan 3, 2024
- 2 min read
The T visa is a specific nonimmigrant visa designed to provide protection in the United States for victims of human trafficking. This visa allows victims to remain in the U.S. to assist in an investigation or prosecution of human trafficking. Here is a complete guide to the T visa application process:
1. Eligibility Criteria:
Victim of Human Trafficking: The applicant must be a victim of severe forms of trafficking in persons, which includes sex trafficking and labor trafficking.
Physical Presence in the U.S.: The applicant must be physically present in the U.S., American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry due to trafficking.
Compliance with Law Enforcement: The applicant must comply with any reasonable requests for assistance in the investigation or prosecution of human trafficking (exceptions apply for victims under 18 or those unable to cooperate due to physical or psychological trauma).
Extreme Hardship: The applicant would suffer extreme hardship involving unusual and severe harm if removed from the U.S.
2. Application Process:
Form I-914, Application for T Nonimmigrant Status: This form must be completed and submitted to apply for the T visa.
Personal Declaration: The applicant must provide a personal declaration describing the trafficking experience and any evidence supporting their application.
Evidence Submission: Submit any evidence that supports the trafficking claim, such as police reports, court documents, letters from shelters, or medical reports.
Law Enforcement Certification (Optional but Beneficial): Form I-914, Supplement B, is a certification from law enforcement confirming the applicant's cooperation with reasonable requests for assistance in investigating or prosecuting the trafficking. While not mandatory, it strengthens the application.
3. Benefits of the T Visa:
Stay Duration: T visa holders can stay in the U.S. for up to four years, with extensions possible under certain conditions.
Employment Authorization: T visa recipients are granted employment authorization.
Pathway to Permanent Residency: After three years, or upon the completion of the investigation or prosecution, T visa holders may apply for a green card to become lawful permanent residents.
Family Members: Eligible family members of T visa applicants can also apply for a T derivative visa.
4. Filing Fee and Waivers:
There are no filing fees for the T visa application.
Fee waivers are also available for certain associated applications, like employment authorization or later adjustment to permanent residence.
5. Legal and Support Services:
Applicants are often encouraged to seek assistance from legal professionals specializing in immigration and human trafficking cases.
Various non-profit organizations and legal aid services provide assistance to victims of human trafficking.
6. Potential Challenges:
Gathering evidence for the application can be challenging, particularly if the trafficking occurred some time ago.
The psychological impact of recounting trafficking experiences can be difficult for applicants.
7. Processing Time:
Processing times for T visas can vary. It’s important to stay updated on the status of the application and maintain lawful status while the application is pending.
This guide provides a comprehensive overview, but each case has unique aspects. Therefore, it's advisable for applicants to seek professional legal advice to navigate the T visa process effectively. Legal professionals can provide invaluable assistance in preparing the application, gathering evidence, and providing guidance throughout the process.
