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T-Visa: Victim of Human Trafficking

What is a T Visa or T nonimmigrant status?

This visa, or status, is available for noncitizens who are present in the United States on account being the victim of human trafficking. The T visa provides unique protection to victims of severe forms of human trafficking. While the T visa is a nonimmigrant visa, there is a direct pathway to a green card. There are waivers available for such victims of almost all grounds of inadmissibility, including grounds that are typically not waivable.

Eligibility Requirements

A noncitizen must meet certain eligibility requirements to be eligible for a T visa under the Victims of Trafficking and Violence Protection Act:

  • Trafficking victim: You must be a victim of a severe form of human trafficking, such as forced labor, involuntary servitude, peonage, debt bondage, or a commercial sex act.

  • Physical presence in the United States: You must be physically present in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry as a result of the trafficking.

  • Compliance/Cooperation with law enforcement: You must have complied with any reasonable request from law enforcement unless you are under 18 years of age or otherwise unable to cooperate. However, you do not need law enforcement to certify your application or otherwise vouch for your case unlike a U visa.

  • Hardship if deported: You must demonstrate that you would suffer extreme hardship involving unusual and severe harm if you were removed (i.e., deported) from the United States.

Your Application

To apply for a T visa, you must file a Form I-914, Application for T Nonimmigrant Status, with USCIS. Your application will usually include many attachments demonstrating your eligibility by a preponderance of the evidence. Typical applications include:

  • Your statement discussing your background, how you were a victim of trafficking, and how you meet the eligibility criteria.

  • Evidence supporting your claim to being the victim of trafficking including, statements from others, medical records, labor records, police reports, agency reports, and other documents.

  • Waiver forms and supporting documentation demonstrating your eligibility for waivers, if needed.

  • Form I-914, Supplement A, Application for Derivative T Nonimmigrant Status, and supporting documentation to include family members. (If you are under 21 years of age, you may include your parents, spouse, unmarried siblings, and unmarried children. If you are over 21, you may only include your spouse and unmarried children). You must demonstrate that family members are in present danger of retaliation because of your escape from trafficking or your cooperation with law enforcement. 

  • Fee: $0.00.  There is no fee to apply. Further, you can request fee waivers for other forms filed as part of the application.

Timeline

Processing times vary. Currently, SCOPS, or Service Center Operations, processes T visa forms. According to the USCIS processing time tool, as of October 24, 2025, eighty percent of T visa cases are completed within 25 months.

Speaking to an immigration attorney is essential regarding the T visa due to its complexity. Contact us.

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