What is a T Visa?

T visas are for individuals who are or have been victims of human trafficking. The visa permits an applicant to stay in the U.S. in order to aid in the investigation and/or prosecution of human trafficking. Individuals in New York, who meet the above-referenced criteriaare, encouraged to seek the assistance of an immigration lawyer NYC prior to applying.

Who Can Apply For A “T Visa”?

In order to be eligible for a “T visa,” applicants must prove:

What Do I Need To Apply?

Applicants must submit evidence proving the applicant meets the above-referenced criteria along with an affidavit stating how they were victims of human trafficking.

Applicants should also submit an I-914 Form, which serves as evidence of their compliance with law enforcement requests.

Do My Family Members Qualify?

Unlike with other nonimmigrant visas, certain family members of T-1 visa holders may qualify for a derivative visa. If the applicant is under 21 years old, he/she may petition for their children, parents, spouse, and unmarried siblings younger than 18.

If the applicant is older than 21 years older, he/she may only petition for their spouse and/or children. The applicant may petition for their family members either at the time of filing or at a later date.

May I Adjust Status At A Later Date?

Once the applicant has been granted a “T visa,” he/she may apply for a green card if, since being admitted as a T-1 nonimmigrant, the applicant:

How Soon May I Adjust Status?

In order to be eligible to adjust status, victims of human trafficking must have been a T-visa holder for 3 years unless the investigation and/or prosecution has been completed, and the Attorney General can provide a statement to that effect.

Individuals who qualify for a T-visa may also qualify for asylum based a fear of being persecuted in their home country. In those circumstances, victims are encouraged to contact an asylum lawyer.