Visas for Victims of Human Trafficking

Overview

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. Information about this law is available below under Reference - U.S. Law.

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 do not issue T-1 visas, but may issue derivative T visas to family members. The purpose of this webpage is to explain the visa application process at U.S. embassies and consulates abroad for family members of trafficking victims.

T-1 Nonimmigrant Status

In order to receive T-1 nonimmigrant status, you must be eligible and you must comply with the application requirements set forth by U.S. Citizenship and Immigration Services (USCIS). To be eligible, applicants must be in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a U.S. port of entry due to trafficking, or they must have been allowed entry into the United States for participation in investigative or judicial processes associated with an act or perpetrator of trafficking. You may apply for T-1 nonimmigrant status by filing a Form I-914, Application for T Nonimmigrant Status, with USCIS. Applications for T-1 nonimmigrant status must be filed with the USCIS Vermont Service Center and will not be accepted at U.S. embassies or consulates overseas. For important detailed information on eligibility and how to apply for T-1 nonimmigrant status, visit the USCIS Victims of Human Trafficking webpage.

USCIS provides applicant approval via Form I -797, Notice of Action.

T Visas for Immediate Family Members – File an Application with USCIS

As a T-1 nonimmigrant status applicant, you may apply for certain family members in conjunction with your own application, or at a later date, with USCIS. Depending on your age, you may apply for the following family members:

If you are:

Then you may file for your:

under age 21,
  • Spouse (T-2)
  • Children (T-3)
  • Parents (T-4)
  • Unmarried siblings under age 18 (T-5)

age 21 or older,
  • Spouse (T-2)
  • Children (T-3)

Any age, if your family member faces a present danger of retaliation as a result of your escape from trafficking or your cooperation with law enforcement,

  • Parents (T-4)
  • Unmarried siblings under age 18 (T-5)

If you are a qualifying family member of a T-1 principal applicant or T-1 nonimmigrant status holder, he or she may file for derivative T nonimmigrant status for you. The T-1 principal applicant or T-1 nonimmigrant status holder must file Form I-914, Supplement A, Application for Immediate Family Member of T-1 Recipient, directly with the USCIS Vermont Service Center, regardless of where you are currently located. Before USCIS approves Form I-914, Supplement A, qualifying family members aged 14-79 will receive a Notice of Action instructing them to go to the nearest USCIS office for fingerprinting. If you are outside the United States, you must submit fingerprints at the nearest USCIS office. If there is no USCIS office in your country, you must go to a U.S. embassy or consulate to have your fingerprints taken. Check the embassy or consulate website for instructions on requesting a fingerprinting appointment for a Form I-914, Supplement A, Application for Immediate Family Member of T-1 Recipient. Contact the Nonimmigrant Visa section if you have questions, and be sure to specify that you need fingerprints collected as part of a Form I-914, Supplement A. Do not wait for the U.S. embassy or consulate to contact you. USCIS will inform you in writing when your Form I-914, Supplement A, is approved or denied. If approved, you will receive a notice of approval on Form I-797, Notice of Action, from USCIS stating your Form I-914, Supplement A, has been approved.

T Visas for Immediate Family Members – How to Apply for a Visa

There are several steps to apply for a visa. The order of these steps and how you complete them may vary at the U.S. embassy or consulate where you apply. Please consult the instructions available on the embassy or consulate website where you will apply.

If your Form I-914, Supplement A, Application for Immediate Family Member of T-1 Recipient, is approved by USCIS and you are outside of the United States, you must apply for a T visa at a U.S. embassy or consulate, generally in your country of permanent residence. You may schedule your visa appointment immediately upon receiving the Form I-797 from USCIS stating your Form I-914, Supplement A, has been approved. Do not wait for the U.S. embassy or consulate to contact you.

As part of the visa application process, an interview with a consular officer at a U.S. embassy or consulate is required for visa applicants from age 14 through 79, with few exceptions. Applicants who are age 13 and younger, and age 80 and older, generally do not require interviews, unless requested by the U.S. embassy or consulate. The waiting times for interview appointments can vary, so you are encouraged to apply early for your visa. Wait times for interview appointments and visa processing time information for each U.S. embassy or consulate worldwide is available on our website at Visa Wait Times and on most embassy and consulate websites.

During the visa application process, usually at the interview, ink-free, digital fingerprint scans will be taken. Some visa applications require further administrative processing, which takes additional time after the visa applicant's interview with a Consular Officer. For information on how to schedule an interview at the U.S. embassy or consulate where you will apply for your visa, please visit their specific U.S. embassy or consulate website.

Required Documents for Family Members

Each applicant for a T-2, T-3, T-4, or T-5 nonimmigrant visa must submit these forms and documentation as explained below:

  • Online Nonimmigrant Visa Electronic Application, Form DS-160. Learn about completing the DS-160. You must: 1) complete the online visa application; and 2) print the application form confirmation page to bring to your interview.
  • Photo. You will upload your photo while completing the online Form DS-160. Your photo must be in the format explained in the Photograph Requirements.
  • Passport valid for travel to the United States and with a validity date of at least six months beyond your intended period of stay in the United States (unless country-specific agreements provide exemptions). If more than one person is included in the passport, each person who needs a visa must submit a separate application.
  • Form I-797, Notice of Action, from USCIS indicating approval of Form I-914, Supplement A.

What are the Required Visa Fees?

  • Nonimmigrant visa application processing fee: For current nonimmigrant visa application fees, select Fees. You will need to provide a receipt showing the visa application processing fee has been paid when you come for your visa interview.
  • Visa issuance fee: If the visa is issued, there may be an additional visa issuance reciprocity fee, if applicable. This is determined by your country of nationality. Please consult the Visa Reciprocity Tables to find out if you must pay a visa issuance reciprocity fee and the fee amount due.

Additional Documents and Next Steps

You should refer to the U.S. embassy or consulate website in your country of residence to find out about visa processing time frames and instructions, learn about interview scheduling, and find out if there are any additional documents required. Learn more by reviewing the U.S. embassy or consulate website.

Visa Interviews for T-3 Child Applicants

T-1 parents do not have to be present at visa interviews for T-3 children or other derivative family members. If only one parent is present at the visa interview, a letter from the other parent expressing consent to visa issuance may be necessary.

Visa Ineligibility

Under U.S. law, many factors could make an applicant ineligible to receive a visa. In some instances, the law might allow you to apply for a waiver of the ineligibility. If you are able to apply for such a waiver, the consular office will advise you on the steps to take. See Ineligibilities and Waivers: Laws.

If you are ineligible for a T visa, you must file Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, directly with the USCIS Vermont Service Center. The U.S. embassy or consulate cannot issue a visa until USCIS has made a determination on the Form I-192. If approved, USCIS will notify you and the U.S. embassy or consulate where you applied. If you receive notification that your waiver has been approved, follow the “221(g)” instructions on the embassy’s or consulate’s website for how to proceed with your application. Do not wait for the embassy or consulate to contact you.

Misrepresentation of Material Facts or Fraud

Attempting to obtain a visa by the willful misrepresentation of a material fact, or fraud, may result in the permanent refusal of a visa or denial of entry into the United States.

Entering the U.S. - Port of Entry

A visa allows a foreign citizen to travel to the U.S. port of entry and request permission to enter the United States. You should be aware that a visa does not guarantee entry into the United States. The Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the United States. Travelers should review important information about admissions and entry requirements on the CBP website under Travel.

Working in the United States

Information for T-2, T-3, T-4, and T-5 visa holders about permission to work in the U.S. is available on the USCIS website under Work Authorization.

Adjustment of Status

Information about adjustment of status to a lawful permanent resident is available on the USCIS website under Green Card for a Victim of Trafficking (T Nonimmigrant). T nonimmigrants eligible to adjust status must file Form I-485, Application to Register Permanent Residence or Adjust Status, directly with the USCIS Vermont Service Center. See the special Supplement E Instructions to Form I-485 for further details.

How Do I Extend My Stay?

T nonimmigrants are required to have approval from the USCIS to stay beyond the date indicated on their Form I-94. See Extend Your Stay and USCIS Policy Memo PM-602-0032.1 on the USCIS website for more guidance.

How Do I Change My Status?

Some nonimmigrant visa holders, while present in the United States, are able to file a request with USCIS to change to another nonimmigrant status. See Change My Nonimmigrant Status on the USCIS website.

Important Note: Filing a request with USCIS for a change of status before your authorized stay expires, while you remain in the United States, does not by itself require you to obtain a new visa. However, if you cannot remain in the United States while USCIS processes your change of status request, you will need to apply for a nonimmigrant visa at a U.S. embassy or consulate abroad.

Revocation of T Status

If the Department of Homeland Security (DHS) revokes a principal applicant’s T-1 nonimmigrant status, all family members deriving T nonimmigrant status from the revoked T-1 principal applicant will have their status revoked, as well. Also, family members residing abroad awaiting decisions on T-2, T-3, T-4, or T-5 applications will be denied.

Further Inquiries

For questions about: please refer to: through this website:
Filing Form I-914, Application for T Nonimmigrant Status, including Supplements A and B USCIS USCIS – Victims of Human Trafficking: T Nonimmigrant Status
Filing Form I-914, Supplement A for family members
T visa applications for family members at U.S. embassies or consulates overseas the U.S. embassy or consulate with jurisdiction over your family member's place of residence Websites of U.S. embassies, consulates, and diplomatic missions
The United States' global efforts against human trafficking Department of State Office To Monitor and Combat Trafficking in Persons (J/TIP)

Reference - U.S. Law

In October 2000, the United States Congress created the T nonimmigrant status for victims of human trafficking by passing the Victims of Trafficking and Violence Protection Act (VTVPA). This visa category is limited to 5,000 principals with T-1 status per year.