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t visa in the U.S

T Visa Requirements In The U.S.: Eligibility, Documents, And How To Apply 

A T visa (T nonimmigrant status) is a U.S. immigration option for certain victims of a severe form of human trafficking who are in the United States because of that trafficking.

This guide explains the eligibility rules, the documents people commonly include, and the basic filing steps. 

Quick Answer: T Visa Eligibility Checklist 

A principal applicant generally must show: 

  • Victim of a severe form of trafficking in persons. 
  • Physical presence in the United States on account of trafficking. 
  • Cooperation with reasonable law enforcement requests, or an exception applies. 
  • Extreme hardship involving unusual and severe harm if removed. 
  • Admissible to the United States, or eligible for a waiver. 

Who The T Visa Is For And What It Can Help With 

The T visa is designed to support safety and stability for trafficking victims and, in many cases, cooperation with law enforcement when it is reasonable and safe. 

Who This Category Is Designed To Protect 

This category can apply to victims of sex trafficking or labor trafficking as defined under U.S. immigration law. Each case is fact-specific. 

What A T Visa May Allow 

If granted, T status may allow a person to remain in the United States for a limited period of time, seek work authorization, and in some cases request certain qualifying family members. 

T Visa Requirements Explained 

Requirement 1: Severe Form Of Trafficking 

You must show you were a victim of a severe form of trafficking of people. 

Requirement 2: Physical Presence On Account Of Trafficking 

You must show you are physically present in the United States because of the trafficking. 

Requirement 3: Cooperation With Law Enforcement (Or An Exception) 

Many applicants must show they complied with reasonable requests from law enforcement. Exceptions may apply if the applicant was under 18 at the time of trafficking or cannot cooperate due to physical or psychological trauma. 

Requirement 4: Extreme Hardship If Removed 

You must show you would suffer extreme hardship involving unusual and severe harm if removed from the United States. 

Requirement 5: Admissibility Or A Waiver 

You must be admissible to the United States or qualify for a waiver. If a waiver is needed, Form I-192 is commonly used in T visa cases, depending on the issue. 

Documents Checklist For A T Visa Application 

A complete, organized packet can reduce avoidable delays. Many applications include: 

Forms To Prepare 

  • Form I-914 (main application). 
  • Form I-914, Supplement B (law enforcement declaration), if available. 
  • Form I-914, Supplement A (family members), if requesting derivatives. 
  • Form I-192 (waiver), if needed. 

Personal Statement Checklist 

A personal statement is often central to a T visa filing. Cover what happened, why you are in the U.S. because of trafficking, any cooperation or exception, and the hardship if removed. 

Supporting Evidence Categories 

Organize evidence by requirement. Examples include proof related to trafficking, physical presence, cooperation, or an exception, hardship, and identity. 

Translation And Copy Rules 

If a document is not in English, include a full translation and translator certification. Keep copies of what you send. 

How To Apply For A T Visa  

Step 1: Prepare The Form And Evidence Packet 

Complete Form I-914 and organize evidence for each requirement. 

Step 2: Add Supplement B If Available 

Include Supplement B if you can obtain it. It is optional. 

Step 3: Add Family Members If Eligible 

If requesting family members, file Supplement A for each eligible relative. 

Step 4: Include A Waiver If Needed 

If a waiver applies, include Form I-192 and supporting records. 

Step 5: File, Track, And Respond To Requests 

File using current instructions, track your receipt, and respond fully to any request for evidence. 

Including Family Members In A T Visa Case 

Some family members may qualify for derivative T status, depending on the principal applicant’s age and relationship category. 

Who May Qualify Based On Relationship And Age 

  • If the principal is under 21: spouse, children, parents, and unmarried siblings under 18. 
  • If the principal is 21 or older: spouse and unmarried children under 21. 

When Safety Concerns For Family May Matter (High-Level) 

In some cases, certain relatives may qualify based on danger of retaliation connected to the trafficking situation. 

T Visa Processing Time Factors 

Processing times vary. Delays are more common when: 

  • The packet is incomplete or inconsistent. 
  • Additional evidence is requested. 
  • A waiver is needed. 

Common Reasons For Delays Or Denials 

Evidence Does Not Match A Requirement 

Problems often occur when the evidence does not clearly support physical presence, cooperation or an exception, hardship, or admissibility. 

Avoidable Filing Mistakes 

Missing signatures, missing translations, and inconsistent information can lead to rejections or delays. 

Key Takeaways 

  • Eligibility focuses on trafficking victimization, physical presence, cooperation or an exception, hardship, and admissibility or a waiver. 
  • A clear personal statement helps connect your facts to the requirements. 
  • Organized evidence and careful form completion can reduce avoidable delays. 
  • Some applicants can request qualifying family members. 

For more immigration guidance and resources, visit ImmigrationQuestion.com. 

Frequently Asked Questions 

 

  1. Do I need a police report or arrest for a T visa?
    Not always. Supplement B can help if available, but other evidence may also support eligibility.
  2. Is Supplement B required, and what if it is not available?
    Supplement B is optional. If it is not available, focus on a detailed personal statement and supporting records.
  3. Can I include my spouse or children, and who else may qualify? 
  4. Many applicants can include a spouse and unmarried children under 21. If the principal is under 21, additional relatives may qualify under certain rules.  
  5. What if I cannot cooperate with law enforcement due to trauma or age?
    Exceptions may apply if you were under 18 at the time of trafficking or if trauma prevents cooperation. Explain the reason and include supporting evidence when possible.  
  6. What are common mistakes that cause delays or denials, and how can I reduce them?
    Common issues include missing documents, inconsistent information, and weak links between facts and requirements. Use a checklist before filing and respond completely to any request for evidence. 

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Ifekorede Ayoola

Lead Content Writer
Ifekorede Ayoola is a seasoned content writer with a passion for making complex topics easy to understand. She uses her legal knowledge and writing skills to create helpful and easy-to-understand content about immigration. With over five years of experience, Ifekorede has written content for more than 30 businesses across different fields. She specializes in writing about Law, Finance, and Technology. Ifekorede’s goal is to empower readers with the knowledge they need to make informed decisions.

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