What is a t-visa?
A T-Visa is a temporary immigration status for noncitizens who are or were victims of severe forms of human trafficking and who are physically present in the United States as a result of that trafficking. The status protects survivors, provides work authorization, and creates a path to lawful permanent residence after three years.
Who qualifies?
- The petitioner is a victim of a severe form of human trafficking, which includes labor trafficking and sex trafficking as defined by federal law
- The petitioner is physically present in the United States as a result of trafficking
- The petitioner has complied with reasonable requests for assistance from law enforcement, with limited exceptions for trauma, age, or other factors
- The petitioner would suffer extreme hardship involving unusual and severe harm if removed from the United States
How the process works
- Document the trafficking. Gather records, declarations, and any available corroboration that establish the trafficking and the petitioner's presence in the U.S. because of it.
- Prepare a personal declaration. Write a careful, trauma-informed declaration that addresses each statutory element.
- Obtain an I-914 Supplement B (optional). A law-enforcement endorsement is helpful but not required if the petitioner can show compliance with reasonable requests in another way.
- File Form I-914. File the T-Visa petition with USCIS, including supporting evidence and any waiver applications needed.
- Adjust to permanent resident. After three years in T status, or earlier if the trafficking investigation has concluded, file for adjustment of status.
Timeline and what to expect
T-Visa processing varies. Petitioners often receive work authorization based on bona fide determination earlier than the final adjudication. Adjustment of status can begin three years after T status is granted, though shorter timelines apply in some cases.
Timelines vary. Always confirm current processing times with USCIS before relying on the windows above. USCIS source ↗
Common challenges
- Reconstructing events when records were taken or destroyed by traffickers
- Proving extreme hardship for purposes of the statutory test
- Reluctance of survivors to engage with law enforcement after exploitation
- Inadmissibility issues that may require waivers
- Confidentiality and safety risks during the petition process
How Chaudhry Law helps
The firm prepares T-Visa petitions with care for the survivor first. We work with mental-health providers, advocates, and trusted community partners to gather the evidence the petition needs while protecting the client's safety and confidentiality.
Frequently asked questions
Do I have to involve law enforcement?
Reasonable cooperation is required, with statutory exceptions for trauma, age under 18, and other factors. The petition can succeed even without a law-enforcement endorsement when the record supports it.
Can my family qualify?
Yes. Spouses, children, and in some cases parents and unmarried siblings may qualify as derivatives.
Is sex trafficking the only kind that qualifies?
No. Severe forms of trafficking include labor trafficking, debt bondage, and involuntary servitude.
How long does T status last?
T nonimmigrant status is generally valid for four years.
Will USCIS keep my case confidential?
T-Visa petitions are protected by strong confidentiality statutes that limit disclosure to the public and to abusers.