Victims of Human Trafficking (T) Visa
Human trafficking, also known as trafficking in persons, is a form of modern-day slavery in which traffickers typically lure individuals with false promises of employment and a better life. Victims of severe forms of human trafficking are provided relief under U.S. immigration law by the Victims of Trafficking in Persons (T) nonimmigrant visa. This status allows victims of human trafficking to remain in the United States to assist in investigations or prosecutions of human trafficking violators.
Foreign citizens seeking T-1 nonimmigrant status must be physically present in the United States already, due to human trafficking. Therefore, U.S. Embassies and Consulates abroad (outside the United States) do not issue T-1 visas, but may issue qualifying family members T (derivative) visas.
I. Brief Introduction aboutT-1, T-2, T-3, T-4, and T-5 Visa
T-1 | T-1 visa is for the Principal applicant. |
T-2 | T-2 visa is for the Spouse of the T-1 Principal applicant.
T-1 Principal applicant may apply for the Spouse in conjunction with your own application or at a later date, with USCIS at any age of the Principal applicant. |
T-3 | T-3 visa is for the Children of the T-1 Principal applicant.
T-1 Principal applicant may apply for the Children in conjunction with your own application or at a later date, with USCIS at any age of the Principal applicant. |
T-4 | T-4 visa is for the Parents of the T-1 Principal applicant.
T-1 Principal applicant may apply for the Parents in conjunction with your own application or at a later date, with USCIS if (1) the Principal Applicant is under the age of 21 or (2) your family member faces a present danger of retaliation as a result of your escape from trafficking or your corporation with law enforcement. |
T-5 | T-5 visa is for the Unmarried Siblings under the age of 18 of the T-1 Principal applicant.
T-1 Principal applicant may apply for the Unmarried Siblings under the age of 18 in conjunction with your own application or at a later date, with USCIS if (1) the Principal Applicant is under the age of 21 or (2) your family member faces a present danger of retaliation as a result of your escape from trafficking or your corporation with law enforcement. |
II. Procedures for applying for a T-1 Visa with USCIS:
- Complete Form I-914 and file it with USCIS Vermont Service Center
- Complete and file Form I-914, Supplement A for family members (if any)
- Complete and file Form I-914, Supplement B as Declaration of Law Enforcement Officer for Victim of Trafficking in Persons, if applicable.
- Biometrics services may be required at no cost to Applicant
- Provide all required evidence and supporting documentation
III. Documents required for applying for a T-1 Visa with USCIS:
- A personal narrative statement;
- Evidence you are or have been a victim of a severe form of trafficking in persons;
- Evidence you are physically present in the United States, American Samoa, Commonwealth of the Northern Mariana Islands, or at a port of entry, as a result of trafficking. This includes physical presence based on your having been allowed entry into the United States to participate in investigative or judicial processes associated with an act or a perpetrator of trafficking;
- Evidence you have complied with any reasonable request for assistance in a federal, state, or local law enforcement investigation or prosecution of acts of trafficking, unless you are under 18 years of age, or you are unable to cooperate with a request due to physical or psychological trauma;
- Evidence you would suffer extreme hardship involving unusual and severe harm upon removal;
- If you are inadmissible, an application for a waiver of inadmissibility on Form I-192, with appropriate fee or request for a fee waiver;
- Credible documentation of the claimed relationship if you are filing Form I-914 Supplement A for an eligible family member;
- If you are filing for your parent, unmarried siblings under 18 years of age, or an adult or minor child of your derivative who faces a present danger of retaliation based on your escape from the severe form of trafficking in persons or cooperation with law enforcement, you should include the following:
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- A description of the danger the family member faces and how the danger is linked to your escape or cooperation with law enforcement;
- Documentation of a previous grant of advance parole to a family member (if applicable); and
- Any other credible evidence describing the danger of retaliation, including a signed statement from a law enforcement official, trial transcripts, court documents, police reports, news articles, copies of reimbursement forms for travel to and from court, and affidavits from other individuals.
- If your eligible family member is inadmissible, an application for a waiver of inadmissibility on Form I-192, with appropriate fee or request for a fee waiver.
IV. Procedures for Immediate Family Member of the Principal Applicant applying for a T-2, T-3, T-4, and T-5 Visa at the U.S. Consulate:
- Complete Form DS-160, Online Nonimmigrant Visa Application at https://ceac.state.gov/genniv/, upload photos while completing the online Form I-160, and print the confirmation page for interview
- Pay the non-refundable visa application fee
- Make an appointment for an interview at the U.S. Embassy or Consualte
V. Documents required for a T Visa at the U.S. Consulate:
- Valid Passport: Applicant’s passport must be valid for at least six months beyond his/her period of stay in the U.S.
- Form DS-160 Confirmation Page
- Application fee payment receipt
- Photo – Applicant will be required upload photo while completing the online Form DS-160; if uploading photo failed, Applicant will be required submit one printed photo to the U.S. embassy or consulate during the interview.
- Applicant’s photos or digital images must be:
- In color
- Sized such that the head is between 1 inch and 1 3/8 inches (22 mm and 35 mm) or 50% and 69% of the image’s total height from the bottom of the chin to the top of the head.
- Taken within the last 6 months to reflect your current appearance
- Taken in front of a plain white or off-white background
- Taken in full-face view directly facing the camera
- With a neutral facial expression and both eyes open
- Taken in clothing that you normally wear on a daily basis
- Uniforms should not be worn in your photo, except religious clothing that is worn daily.
- Do not wear a hat or head covering that obscures the hair or hairline, unless worn daily for a religious purpose. Your full face must be visible, and the head covering must not cast any shadows on your face.
- Headphones, wireless hands-free devices, or similar items are not acceptable in your photo.
- Eyeglasses are no longer allowed in new visa photos, except in rare circumstances when eyeglasses cannot be removed for medical reasons; e.g., the applicant has recently had ocular surgery and the eyeglasses are necessary to protect the applicant’s eyes. A medical statement signed by a medical professional/health practitioner must be provided in these cases. If the eyeglasses are accepted for medical reasons:
- The frames of the eyeglasses must not cover the eye(s).
- There must not be glare on eyeglasses that obscures the eye(s).
- There must not be shadows or refraction from the eyeglasses that obscures the eye(s).
- If you normally wear a hearing device or similar articles, they may be worn in your photo.
- Form I-797, Notice of Application for USCIS indicating approval of Form I-914, or Form I-914, Supplement A for immediate family members