“T” category visa is a non-immigrant visa that is issued specifically to the victims and immediate family members of the victims of human trafficking. Here the wordings “human trafficking” includes both “sex trafficking” and “labor trafficking”. This is a special immigration relief to the victims of human trafficking, introduced by the Victims of Trafficking and Violence Protection Act (VTVPA), 2000. The T status allows its holders to remain in the USA for a period of up to years, which can later be extended or, in the alternative, it allows the T immigrants to be eligible for a Green Card after 3 years of continuous physical presence in the USA. However, there is a visa cap in that the total number of aliens who may be issued visas or otherwise provided non-immigrant status during a fiscal year may not exceed 5000. Of note, this numerical limitation only applies to principal victims and not their immediate family members.
Who are Eligible for the T Visa?
The eligibility of the T visa is regulated under the VTVPA, 2000. To be eligible, certain conditions must be fulfilled in view of sections 103 and 107 of the legislation. The conditions are:
- The person claiming is or was a victim of a severe form of trafficking persons as defined in section 103 of the Act of 2000. Accordingly, “severe forms of trafficking in persons’’ has two meanings. The first meaning includes sex trafficking, in which a commercial sex act is induced by force, fraud, coercion, or in which the victim has not attained 18 years of age. The second meaning renders to labor trafficking wherein any sort of labor through the use of force, fraud, or coercion, is perpetuated, for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
- The applicant is physically present in the USA, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry due to trafficking.
- The applicant has complied with any reasonable request for assistance in the investigation or prosecution of acts of trafficking. This requirement is excused if the alien was under the age of 18 at the time one of the acts of trafficking occurred or the alien is unable to cooperate due to physical or psychological trauma.
- The alien applicant would suffer extreme hardship involving unusual and severe harm if it is removed from the USA.
- The alien is admissible to the USA. However, a waiver may be applied if the applicant is eligible for a waiver of certain grounds of inadmissibility. In that case, Form I-192 shall be filled along with the application for the T visa.
How to Apply and What Are the Required Documents?
For an application for T Non-immigrant status, Form I-914 containing a personal statement describing the trafficking the alien is or was subjected shall be filled. Most of the required documents are to support the eligibility conditions of the alien applicant. To this end, the applicant must also attach two other kinds of evidence in the form of a document. The first one is evidence establishing that the applicant has complied with any reasonable request for assistance from law enforcement as required by section 107 of the Act, or evidence establishing that the applicant qualifies for an exception or exemption under the same provision. Usually, Form I-914, Supplement B is submitted to show that the alien is a victim of trafficking and that it has complied with a reasonable request from the law enforcing agencies. Other forms of evidence, along with or without this supplement B of Form I-914, including records of communication with law enforcement agencies, court documents, police reports, and news articles, may also do the job.
The second requirement is that evidence/s demonstrating that the alien is admissible or that it is eligible for a waiver must be submitted. In this case, Form I-192 is submitted to seek an exemption.
Fees
No fee is required to be paid for filing Form I-914 and Form I-914A. However, if other forms, including Form I-765, Application for Employment Authorization, or Form I-192, Application for Advance Permission to Enter as a non-immigrant are filed along with the main application, a fee waiver for those forms may also be requested.
What about the Family of T Non-Immigrant Status Holder
There are two situations in this regard. Firstly, if the applicant’s family members are in present danger of retaliation as a result of the applicant’s escape from trafficking or because of the applicant’s cooperation with law enforcement, then the applicant’s parents, unmarried siblings under the age of 18 and the children of any age or marital status of the applicant’s qualifying family members may be ranted T non-immigrant status.
In the second situation, where the family members are not in present danger of retaliation, then the applicant may only apply for his/her spouse (T2 Visa), unmarried children under 21 years old (T3 Visa), parents (T4 Visa), and unmarried siblings under 18 (T5 Visa). If the applicant is 21 or older, the application may be made only for the spouse and unmarried children under 21 years old. To file for a qualifying family member, Form I-91, supplement A, Application for Family Member of T-1 Recipient shall be submitted.
Benefits of T Visa
As a result of the effect of section 107 of the VTVPA, 2000, the T visa holders are eligible for the benefits and services under any Federal or State Program or activity to the same extent as an alien who is admitted to the USA as a refugee under section 207 of the Immigration and Nationality Act (INA). These benefits include cash assistance, food stamps, and job training.
Apart from these benefits, the principal applicant of a T visa is automatically granted Employment Authorization Document (EAD) so that the applicant may work in the USA during his or her stay. For the qualifying members, Form I-765 shall be submitted either with the Form I-914, Supplement A, or afterward if they want to obtain EAD.
It should also be mentioned that while applicants that qualify for the T visa category may also for the U visa category, the T visa/status gives more flexibility. For example, a T visa does not require a law enforcement certification as evidence in other forms may also do the job. But this is not the case in U visa applications as a U visa always requires a law enforcement certification. Also, unlike the T visa holders, U visa holders are not eligible to have federal benefits.
Change of Status to Permanent Residence
The T visa holders may apply for Permanent Residence (Green Card) with the submission of Form I-485, Application to Register Permanent Residence or Adjust Status. Note that, to qualify for so, the applicant shall:
- Be physically present in the USA for a continuous period of at least 3 years in non-immigrant status, or a continuous period during the investigation or prosecution, whichever is less.
- Has, throughout such a period, been a person of good moral character?
- Have complied with any reasonable request for assistance in the investigation or prosecution of trafficking during his/her stay under T visa status, or the applicant would suffer extreme hardship involving unusual and severe harm upon removal from the USA.
- Be admissible to the USA or be inadmissible by reason of a ground that has been waived under section 212 of the INA.
