If you are asking if you have everything necessary for a T Visa eligibility, you have probably lived through extremely difficult experiences. If that’s the case, we are here to help you understand T Visa requirements, if this is an option for you, and what we can do to help you through these uncertain moments.

At its core, the T Visa provides critical protection for individuals who have suffered human trafficking. A simple T Visa Eligibility Checklist would include:

1. Are you a victim of a severe form of human trafficking? Were you forced to work under threat or coercion? 
2. Did the human traffickers bring you to the U.S., American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry, and are you still there?
3. Have you, or are you willing to, cooperate with reasonable requests from law enforcement, that do not put your life in peril? You don’t need to cooperate if you are under 18 or have severe trauma.
4. Are you admissible to the U.S.? Do you have a criminal record or immigration violations that make you inadmissible to the U.S.? Please contact Moumita Rahman—Immigration Lawyers if you think your immigration or criminal history disqualifies you because you might be eligible for a waiver.

At the Moumita Rahman – Immigration Attorneys, we understand the difficulty of the process you are going through. Even though applying for a T Visa can change your life for the better, the process can feel overwhelming. That’s why our dedicated immigration team has helped numerous trafficking survivors navigate the T Visa application successfully. You don’t have to face this alone. We’re here to provide the knowledgeable guidance and compassionate support you deserve at every step.

Who is in charge of T Visa Applications?

While human trafficking crimes impact thousands of individuals each year, many victims hesitate to come forward due to fears about their immigration status. The T Visa was specifically created to address this barrier, offering survivors safety and access to justice through a carefully structured immigration pathway.

The governing agency that determines T Visa approvals is U.S. Citizenship and Immigration Services (USCIS). They are the only ones who can determine a person’s eligibility for T Visa due to having been a victim of human trafficking. However, other law enforcement agencies that directly investigate human trafficking, also known as certifying agencies, can support an applicant by submitting a Declaration of Law Enforcement Officer for Victim of Trafficking in Persons (Form I- 914B). This form is not a strict T Visa requirement. However, it can help prove that you are a victim and have cooperated with law enforcement.

What benefits do I get if I obtain a T Visa?

Successful T Visa applicants gain the right to remain in the United States for up to four years, with valuable additional benefits:

1. Access to federal assistance programs
2. Eligibility for state-level benefits
3. Potential pathway to permanent residency
4. Opportunity to apply for work authorization
5. Option to include family members in the same process.

How to Qualify for a T Visa

If you’ve suffered severe forms of human trafficking, you may qualify for a T Visa, a critical protection mechanism for exploitation victims in the United States. While authorities have never reached the annual cap, it’s important to understand that each fiscal year only 5,000 principal T Visas are available for human trafficking survivors.

What Constitutes Human Trafficking Under U.S. Law?

In straightforward terms, U.S. law defines human trafficking as a crime involving the “use of force, fraud, or coercion to compel labor, services, or commercial sex acts.” If you were brought to the U.S. under false pretenses and then forced to work under threat or coercion, you are a victim of human trafficking. Some people who are trafficked are forced into prostitution, however, others are forced to work in agricultural fields without appropriate pay or the freedom to move around and leave the working compounds.

Severe Forms of Human Trafficking Recognized by Federal Law

The U.S. government specifically recognizes two categories of severe human trafficking:

1. Labor Trafficking: Victims are forced to work through deception, threats, or coercion in situations including:
   • Involuntary servitude
   • Slavery
   • Debt bondage
   • Other forms of forced labor (including threats of deportation or threats to loved ones.)
2. Sex Trafficking: Victims are compelled through force, fraud, or coercion to perform commercial sex acts, including:
   • Prostitution
   • Pornography
   • Other sexual exploitation

Navigating the T Visa application process for either category involves multiple complex stages. You’ll likely need to submit substantial evidence documenting your experience, which is why working with an experienced immigration attorney significantly strengthens your case.

At Moumita Rahman—Immigration Lawyers, our entire team is dedicated to protecting your safety and freedom. We provide comprehensive guidance through every step of the T Visa application process.

What do I need to do to obtain a T Visa?

Victims of human trafficking who want to obtain the T Visa must:

• File the application 
• In most cases, cooperate with authorities
• Provide detailed documentation of your trafficking experience

If you have reported your case and/or cooperated with law enforcement on your case, you can ask them to submit a Declaration of Law Enforcement Officer for Victim of Trafficking. This document helps your case, but isn’t strictly mandatory for application.

Before you start your application process, we recommend you contact Moumita Rahman—Immigration Lawyers. We can help you navigate the whole process, from your interactions with law enforcement to compiling the documentation you need to prove you were a victim of human trafficking.

T Visa Eligibility for Human Trafficking Survivors

The T Visa program serves as both a humanitarian protection and a law enforcement tool, offering immigration relief to victims while supporting the prosecution of trafficking cases. As a survivor of human trafficking, understanding the full scope of eligibility requirements is crucial to building a strong application.

This legal pathway provides more than just immigration status, it offers survivors an opportunity to rebuild their lives with stability and security. The following detailed breakdown of requirements will help you evaluate your potential eligibility. Given the complexity of the T Visa application criteria, professional legal guidance can make the difference between an approved or denied case.

Who Qualifies for a T Visa

To qualify for a T Visa, you must meet five specific criteria established by U.S. immigration law:

1. Victim Status

You must demonstrate you were a victim of “severe forms of trafficking in persons”. This includes both:

• Labor trafficking: Forced work through coercion, threats, or deception. For example being forced to work in restaurants, laundries, or other businesses without pay, especially if kept under threats
• Sex trafficking: Commercial sex acts induced by force, fraud, or coercion. Victims under 18 need not prove force/coercion if commercial sex acts occurred

2. Physical Presence

You must be physically present in the U.S., American Samoa, or the Northern Mariana Islands because of trafficking. Even if you initially entered voluntarily, you may qualify if later forced into labor or commercial sex.

3. Law Enforcement Cooperation

T Visa eligibility factors generally require reasonable cooperation with investigations or prosecutions. However, if victims were minors at the time of trafficking or suffered severe physical or psychological trauma, they do not need to cooperate with law enforcement. A trafficking survivor who couldn’t assist police due to severe PTSD may still qualify.

4. Extreme Hardship
   • To be eligible for a T Visa, you must demonstrate you would suffer extreme hardship if you travel back to your country of origin. These forms of hardship involve:
     • Physical or psychological harm
     • Risk of re-victimization
     • Lack of access to medical treatment

5. Admissibility

To qualify for a T Visa, you must be admissible to the U.S. (no serious criminal or immigration violations). However, even if you do have a criminal record or have been previously deported, you might be eligible for a waiver. Please, contact an expert immigration legal team to discuss your particular circumstances before you decide you are not eligible.

Moumita Rahman – Immigration Attorneys we understand how overwhelming these T Visa qualifications may seem. Our team has helped numerous trafficking survivors navigate each of these eligibility factors successfully. We’re prepared to help you gather the necessary evidence, prepare your application, and advocate vigorously for your case.

Qualifying Family Members: Eligibility Criteria for T Visa Derivatives

In certain circumstances, immediate family members of trafficking victims may qualify for T non-immigrant derivative status. This protection is particularly available when family members face potential retaliation because the victim either escaped from trafficking or cooperated with law enforcement investigations. Our legal team can help you determine which family members might qualify for protection under your case and guide you through the process of including them in your application.

To petition for derivative T status for eligible family members, applicants must file the appropriate forms and supplements. These requests can be submitted:

• Concurrently with the principal applicant’s T Visa petition
• While the principal application is pending adjudication
• Even after the principal applicant has already obtained T status

Eligible family members fall into the following categories:

1. Family Members Facing Retaliation Risks:
   1. Parents of the trafficking victim (regardless of victim’s age)
   2. Unmarried siblings under age 18
   3. Children of any age or marital status

2. Family Members Not Facing Immediate Retaliation:
   1. For victims under age 21
      1. Spouse
      2. Unmarried children under 21
      3.  Parents
      4. Unmarried siblings under 18
3. For victims age 21 or older:
   1. Spouse
   2. Unmarried children under 21

At Moumita Rahman—Immigration Lawyers, we carefully evaluate each family situation to determine:

Which relatives qualify for derivative status

• The optimal timing for including family members
• What evidence best supports the family petition
• Potential risks in home countries that strengthen cases

Our attorneys have successfully reunited numerous trafficking survivors with their vulnerable family members through this process. We understand the complex dynamics of these cases and the importance of comprehensive family protection.

How to Apply for a T Visa as a Human Trafficking Survivor

The T Visa application process involves significant legal and bureaucratic requirements. As this visa represents a life-changing opportunity for trafficking survivors, obtaining professional legal counsel is strongly advised to navigate the complex process successfully.

While each case requires individual analysis, the standard application process involves these key steps:

1. Filing Form I-914: The foundation of your application is the Form I-914, Application for T Non-immigrant Status, which includes:
   1. A detailed personal statement documenting your trafficking experience. You need to provide a thorough, truthful account of your trafficking experience. Clarity and consistency are essential. You can include documentation such as police reports, court documents, medical records, witness affidavits, and law enforcement declarations (Form I-914 Supplement B).
   2. Complete biographical information.
   3. Responses to eligibility questions. You need to demonstrate you meet all T Visa requirements
2. Addressing Special Circumstances: If you don’t meet certain requirements, our attorneys can help explore:
   1. Waivers for inadmissibility issues (Form I-601)
   2. Exceptions to law enforcement cooperation rules
   3. Alternative evidence options when documentation is limited

3. Safety and Confidentiality Protections: At Moumita Rahman—Immigration Lawyers, we implement multiple safeguards for your security. Including:
   1. Secure mailing address options
   2. Protected personal information
   3. Confidential case evaluations and handling
   4. Trauma-informed legal strategies
   5. Clear explanations of your options
   6. Step-by-step guidance through the entire process
   7. Strategic planning for derivative family applications
   8. Strong advocacy with law enforcement agencies

4. Application Timeline: While processing times vary, most applications follow this general path:
   1. Initial filing with USCIS (6-12 month review)
   2. Possible Requests for Evidence (RFEs)
   3. Decision notification
   4. Work authorization processing (if approved)

The T Visa process may seem overwhelming, but the benefits, including legal status, work authorization, and a path to permanent residency, make it an invaluable opportunity for survivors. At Moumita Rahman—Immigration Lawyers, we’ve helped numerous trafficking victims successfully navigate this process while maintaining the highest standards of confidentiality and care. We can help you with:

• Proper evidence collection and presentation
• Strategic response to USCIS inquiries
• Protection against potential retraumatization
• Maximizing chances of approval
• Family member inclusion guidance
• Legal guidance that prioritizes your emotional safety
• Assistance with every component of your application
• Clear communication with you

Our team understands the sensitive nature of these cases and handles each application with the discretion and urgency it deserves. We’re committed to making this legal process as manageable as possible while fighting aggressively for your rights.

You’ve already shown remarkable strength by surviving trafficking. Now let us help you take the next step toward security and justice. Contact Moumita Rahman—Immigration Lawyers, to schedule your private consultation with an experienced T Visa attorney who will treat your case with the care and attention it deserves.

If you are wondering if you fulfill the T Visa eligibility criteria, call us today. Your courage combined with our legal expertise can create the foundation for a new life in safety. We’re ready to stand by you, every step of the way.