Guide to T Visas: Legal Status for Trafficking Victims
If you are a foreign national in the U.S. and a victim of human trafficking, you may be eligible for T nonimmigrant status (also known as the “T visa”). The T visa is a temporary nonimmigrant status created by Congress as a form of humanitarian aid that also helps law enforcement investigate and prosecute criminals involved with human trafficking.
For decades, victims of human trafficking in the country without a legal status were terrified to go to the authorities to report their experiences. With the creation of the T visa, trafficking victims can apply for temporary status. Eventually, the T visa can even open the door to applying for a green card.
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Legal Support for Human Trafficking Victims
An experienced immigration lawyer at D’Alessio Law may be able to help you secure a T visa if you meet the eligibility requirements including:
- You are the victim of sex trafficking or labor trafficking.
- Due to being trafficked, you are physically present in the U.S., a port of entry, the Commonwealth of Northern Mariana Islands, or American Samoa.
- If removed from the U.S., you would suffer harm or extreme hardship.
- You can give authorities your legal name and any aliases you have used and other basic information.
- You are willing to help officials with their case against your trafficker. (In some cases, this T visa requirement may be waived.)
If you are a victim of human trafficking, D’Alessio Law can help you with the T nonimmigrant status process even if you are facing deportation. We can help you build your case and even help secure derivative T visas for some of your family members.
T Visa Processing Time
The T visa processing time varies. The T visa processing time could be just several months or up to three years. Before filing a T visa or while you wait for T visa approval, you may be offered a status called Continued Presence by law enforcement. For trafficking victims this is preferred to deferred action. Remember, you have a right to speak with an attorney at any point, even if you are detained.
T Visa Processing Time: Reduced Through Proper Filing
Your immigration lawyer at D’Alessio Law will help you apply for a T visa using Form I-914, Application for T Nonimmigrant Status. We do not suggest you file for a T visa without the help of an experienced immigration attorney. Proper filing is important in reducing your T visa processing time and increasing your chance of approval.
Be honest with your immigration attorney from the start, and they may be able to shorten your T visa processing time by filing any Waivers of Inadmissibility needed for your case.
T Visa Processing Time: Worth the Wait?
The T visa processing time is worth the wait and effort. Benefits include:
- Protection from deportation for four years
- The ability to work in the United States
- Eligibility to apply for a green card through Adjustment of Status after three years or sooner if the trafficking case is closed
- The ability to provide protection from deportation from eligible family members
Plus, before the T visa processing time is even complete, an initial Certification Letter from the U.S. Department of Health and Human Services allows trafficking survivors with pending T visa applications to apply for benefits including:
- SNAP food benefits
- Cash and housing assistance
- Medicaid
- Student financial aide
- Job and English language training
T Visa Processing Time: Biometric Services Appointment
About five to eight weeks after your immigration lawyer files your T visa application, USCIS will issue you an appointment for biometric services. Your immigration attorney will help you prepare for this important appointment.
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Derivative T Visas for Family Members
Your T visa immigration lawyer may be able to protect some of your family members under your T visa through a derivative T visa.
If you are over 21, family members that may qualify for derivative T visas include:
- Your unmarried children under 21
- Your spouse
If you are under 21, family members that may qualify for derivative T visas include:
- Your children
- Your spouse
- Your unmarried minor siblings
- Your parents
If you would like to include family members with your T visa application, please let your immigration attorney know as soon as possible.
T Visas Can Be Used for Removal Defense
Your immigration attorney may be able to prevent your removal by helping you request a T visa if you are a survivor of human trafficking. As experienced immigration attorneys, we ask you questions that may feel very private. We ask these questions to determine if humanitarian relief may be available to you such as Temporary Protected Status, asylum, a U visa, or a T visa.
T visas can be used as a defense against deportation, but if you’ve already been offered T nonimmigrant status by law enforcement or another official, we can help you navigate that process too. Just remember, law enforcement can provide USCIS with documentation needed to process your T visa, but they can’t actually grant you a T visa.
Choose a T Visa Lawyer with Compassion and Experience
An experienced T visa lawyer should understand that you may be scared to talk with law enforcement, especially if you don’t have a current legal immigration status. At D’Alessio Law Group, your immigration lawyer will help you feel at ease.
We know that out of a fear of deportation, human trafficking survivors often fear reporting their traffickers. We are proud to support victims through the T visa process skillfully and with compassion.
Properly filed T visa applications have a high approval rate. A T visa is a legitimate path to a safer future in the United States. If you need to speak with an immigration attorney about filing an application for a T visa, please reach out to D’Alessio Law Group today.
