To qualify for a T Visa, you generally must meet four main requirements: (1) Victim of a severe form of trafficking – someone compelled you into labor through force, fraud, or coercion (2) Physically present in the U.S. on account of the trafficking – in other words, you’re in the U.S. because your traffickers brought you here or you can’t return home due to the trafficking; (3) Assist law enforcement in investigating or prosecuting the traffickers (unless you are under 18 or too traumatized to cooperate); and (4) Suffer extreme hardship involving unusual severity if removed – basically, you’d face serious harm or retribution if you had to leave the U.S. We know these requirements sound technical. In practice, many trafficking survivors worry they don’t have “enough proof.” If you have been exploited, discriminated against, or treated unfairly by an employer, talk to us. We can often demonstrate eligibility even if you’re unsure.

You do need to have reported the trafficking, but it doesn’t necessarily mean talking to the local police. Many survivors fulfill the cooperation requirement by working with other law enforcement agencies. In some cases, even reporting to a non-law-enforcement victim services agency can lead to law enforcement being notified and satisfying the requirement. Every situation is different. We prioritize your safety and can liaise with federal agencies in a way that protects you. Bottom line: you don’t necessarily have to confront your trafficker directly or testify in open court to get a T Visa.

Key steps include: writing a detailed personal affidavit explaining what happened to you (the abuse or exploitation you suffered), and providing supporting evidence of your situation. The application can be extensive – our firm will help you prepare a thorough, well-documented packet. We know how to present your story in the most compelling way to immigration officials, emphasizing the elements they need to see. If any additional evidence is requested by USCIS (an RFE), we will help you respond in a timely manner.

You are not required to have a lawyer, but it’s highly recommended. T Visa cases can be complex, and the stakes are high – if your application is denied, you could be placed in removal (deportation) proceedings. Also, many trafficking cases have limited hard evidence, so how you craft your personal affidavit and legal arguments is crucial. An experienced immigration lawyer (like those at our firm) knows what immigration officers look for in T Visa cases. In fact, in 2023, more than 1 in 4 T Visa applications were denied by USCIS. We have successfully helped hundreds of trafficking survivors obtain T Visas and move on to green cards. We’ll guide you through each step, help gather evidence, and make sure your story is presented clearly and convincingly. Having a knowledgeable advocate greatly improves your chances of approval.

Not necessarily. It’s common for trafficking victims to have little or no documentary evidence of their abuse – traffickers often keep their victims isolated and fearful, without paper trails. USCIS understands this. A well-detailed personal statement can carry a lot of weight if done correctly. We will help you identify any supporting evidence you might not realize you have (text messages, emails, photos of injuries or cramped living conditions, affidavits from other survivors or neighbors, etc.). Even if evidence is sparse, don’t be discouraged – lack of evidence is common, and we know how to deal with it. The key is to be truthful and thorough in describing your experience.

A T Visa is more than just permission to stay. It offers a host of benefits designed to help you regain stability: legal status (temporary residency), work authorization so you can support yourself, eligibility for certain federal and state assistance programs to aid your recovery, and the ability to include your immediate family members as derivatives (your spouse and children, or parents and minor siblings if the principal victim is under 21) so they can also live with you in safety. It also can waive many immigration violations that might have affected you (for example, unlawful entry or past unauthorized work). Ultimately, it’s a stepping stone to permanent residence. T Visa holders often describe it as a lifeline – it provides safety, security, and a real chance to rebuild without fear.