T Visa

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T VISA

To apply for T nonimmigrant status, you must submit:

 Form I-914, Application for T Nonimmigrant Status, including a personal


statement describing the trafficking you are or were subjected to;
 Evidence to establish that you complied with any reasonable request for
assistance from law enforcement, or that you qualify for an exception or
exemption. You may submit Form I-914, Supplement B, Declaration of
Law Enforcement Officer for Victim of Trafficking in Persons to
demonstrate that you are a victim of trafficking and that you have complied
with any reasonable request to assist law enforcement. However, you may
also choose to submit other evidence instead of or in addition to the Form I-
914, Supplement B, such as records of your communication with law
enforcement, trial transcripts, court documents, police reports, news articles,
affidavits, or other relevant credible evidence;
 Evidence to show that you meet all other eligibility requirements;
 Evidence to demonstrate that you are admissible, or Form I-192,
Application for Advance Permission to Enter as a Nonimmigrant seeking a
waiver of applicable inadmissibility grounds, if you are inadmissible.

Certain family members are eligible for derivative T nonimmigrant status. Regardless
of your age, you may apply for the following family members if they are in present
danger of retaliation as a result of your escape from trafficking or cooperation with
law enforcement:

 Your parents;
 Your unmarried siblings under 18 years of age; and
 The children of any age or marital status of your qualifying family members
who have been granted derivative T nonimmigrant status.

If your family members are not in present danger of retaliation, then follow the chart
below:
If you are... Then you may apply for...
-spouse
-unmarried children who are under 21 years
old
-parents
-unmarried siblings who are under 18 years
old

Under 21 years old


-spouse
-unmarried children who are under 21 years
old
21 years old or older

NOTE: T nonimmigrant status is valid for up to 4 years. Extensions are available in certain limited
circumstances. T nonimmigrants may be eligible for permanent residence (Green Card) after 3
years of continuous physical presence in the United States after first being lawfully admitted as
a T nonimmigrant, or earlier, in certain circumstances, if they meet additional requirements for
adjustment of status to lawful permanent residence.

Whether you need to file Form I-765, Application for Employment Authorization,
depends on whether you are a principal applicant or qualifying family member.

If your application as a principal T-1 nonimmigrant is approved, you are authorized to


work. When USCIS grants T-1 nonimmigrant status to a principal applicant,
an Employment Authorization Document (Form I-766/EAD) is issued at the same
time. The information for the EAD is generated from the Form I-914. There is no
need to file a Form I-765, Application for Employment Authorization, along with the
application for T-1 nonimmigrant status if you are the principal applicant.

If you are a qualifying family member of the principal T-1 nonimmigrant residing in
the United States, you must file a Form I-765, Application for Employment
Authorization, to apply for employment authorization and obtain an EAD before you
are eligible to work. You may file Form I-765 with your Form I-914, Supplement A,
or at a later time. If you live outside the United States, you are not eligible to receive
employment authorization until you are lawfully admitted to the United States. Do not
file Form I-765 if you are living outside the United States.
RESIDENCY
You may apply for permanent residence by submitting Form I-485, Application to
Register Permanent Residence or Adjust Status. You must have been lawfully
admitted to the United States as a T nonimmigrant and must continue to hold such
status at the time of application.

To qualify for permanent residence, you must:


 Be physically present in the United States for a continuous period of at least
three years in T nonimmigrant status, or a continuous period during the
investigation or prosecution of the acts of trafficking, provided that the
Attorney General has certified that the investigation or prosecution is
complete, whichever time is less.
 Maintain good moral character during your stay in the United States.
 Have complied with any reasonable request for assistance in the
investigation or prosecution of acts of trafficking demonstrate extreme
hardship involving unusual and severe harm upon removal from the United
States or have been under 18 years of age at the time you file this
application.
 Be admissible to the United States, or obtain a waiver of admissibility.

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