T Visa Green Card
The following guide is intended as a general overview of the types of special immigrant status visas, including T Visas for Victims of Human Trafficking.
GenerallyThe T-1 visa is for victims of human trafficking and intended to prevent their deportation. The visa strengthens the ability of law enforcement agencies to investigate and prosecute human trafficking, and also offer protection to victims. Certain qualifying family members are eligible for a derivative T visa.
EligibilityTo be eligible for an T visa, a person must:
o The person must be the victim of "severe trafficking" in persons;
o The person must be physically present in the United States;
o Unless the person is less than 18 years old, the Attorney General and the Secretary of State must agree the person complied with a reasonable request by law enforcement authorities to assist in the investigation or prosecution of such trafficking or in the investigation of crimes where acts of trafficking are at least one central reason for the crime; and
o The person would "suffer extreme hardship involving unusual and severe harm" if the person was sent back home.
Application ProcessTo apply for a T Visa, you must submit the following:
Form I-914, Application for T Nonimmigrant Status
Form I-914, Supplement B to show law enforcement agency support
Three passport size photographs
A personal statement explaining how you were a victim of trafficking (on the Form I-914)
Evidence to show you the meet eligibility requirements
Green Card Through T VisaYou 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 of the trafficking victimization.
Be admissible to the United States, or obtain a waiver of admissibility.