"T" Nonimmigrant Visas - Victims of TraffickingThe T nonimmigrant status (also known as the T visa) was created to provide immigration protection to victims of a severe form of trafficking in persons. The T visa also allows victims to remain in the United States and assist federal authorities in the investigation and prosecution of human trafficking cases. To apply for T nonimmigrant status, applicants must file Form I-914, and may also apply for eligible family members using Form I-914, Supplement A. Applicants may also apply for employment authorization for family members using Form I-765. Those who have been granted T-1 nonimmigrant status may file for permanent residency upon meeting certain requirements. For detailed instructions and requirements, applicants should refer to Form I-485, Supplement E. (All forms mentioned above can be found under "Related Links" on the upper-right hand side of this page.) For a T-1 nonimmigrant to be eligible to apply for permanent residence, the following conditions must be met: - The applicant has been physically present in the United States for:
A continuous period of at least three years since the first date of admission as a T-1 nonimmigrant; or A continuous period during the investigation or prosecution of acts of trafficking, and the Attorney General has determined the investigation or prosecution is complete, whichever period of time is less; - You have been a person of good moral character since first being admitted as a T-1 nonimmigrant and until the decision on your Form I-485;
- You have complied with any reasonable request for assistance in the investigation or prosecution of acts of trafficking since first being admitted as a T-1 nonimmigrant and until a decision on your Form I-485, or you would suffer extreme hardship involving unusual and severe harm upon removal from the United States; and
- You are admissible to the United States as a lawful permanent resident.
There is also a process for qualifying family members of a T-1 principal applicant to apply for permanent residence. For more information, please refer to our "Fact Sheet: USCIS Publishes New Rule for Nonimmigrant Victims of Human Trafficking and Special Criminal Activity" under the "Related Links" section on the upper-right hand side of this page.
Last updated:01/13/2009 |