Legal Protection and Pathway to Residency for Trafficking Survivors
The T visa is a humanitarian visa designed for victims of human trafficking who are physically present in the United States and have been subjected to severe forms of trafficking. Gagliano Law, PLLC is here to support trafficking survivors in securing legal status, work authorization, and long-term safety.
What Is a T Visa?
A T visa is a temporary immigration benefit that allows victims of human trafficking to remain in the United States to aid in investigations or prosecutions and to begin rebuilding their lives. It offers a direct path to lawful permanent residency and eventual citizenship.
Who Qualifies for a T Visa?
To be eligible for a T visa, applicants must meet the following requirements:
- Victim of a Severe Form of Human Trafficking
Qualifying trafficking includes:- Sex trafficking involving force, fraud, or coercion (or any commercial sex act involving a minor)
- Labor trafficking involving recruitment, harboring, transportation, or obtaining of a person for labor or services through force, fraud, or coercion
- Physical Presence in the U.S. on Account of Trafficking
Applicants must be physically present in the U.S., or at a port of entry, due to trafficking. - Assistance with Law Enforcement (with Exceptions)
Victims over the age of 18 must show reasonable cooperation with law enforcement, unless they are under extreme trauma or suffering from PTSD.
Victims under 18 are exempt from the cooperation requirement. - Suffering Extreme Hardship if Removed
Deportation would cause unusual and severe harm, such as retribution, lack of medical care, or re-exposure to trafficking networks. - Admissibility to the U.S. or Waiver Approval
Applicants must be admissible or apply for a waiver using Form I-192 if they have immigration or criminal issues.
The T Visa Application Process
- File Form I-914 (Application for T Nonimmigrant Status)
The main application requires a personal statement, documentation of trafficking, and evidence of law enforcement cooperation. - Include Supplement A for Qualifying Family Members
Applicants may petition for spouses, children, parents, or unmarried siblings (if under 18). - File a Waiver if Needed (Form I-192)
For inadmissibility issues such as prior removal, unlawful presence, or criminal records. - USCIS Review and Decision
Once approved, applicants receive four years of lawful status and eligibility to work.
Adjustment to Lawful Permanent Residency
After three years—or earlier if a law enforcement agency certifies the case is complete—applicants may apply for a green card.
Processing Timeline
| Step | Estimated Timeframe |
| USCIS Review of I-914 | 12–36 months |
| Work Authorization | Within 90 days of receipt or deferred action approval |
| Green Card Eligibility | After 3 years or upon completion of law enforcement cooperation |
Benefits of a T Visa
- Protection from Removal
T visa holders are protected from deportation for the duration of their visa status. - Employment Authorization
Work permits allow survivors to support themselves and rebuild their lives. - Pathway to a Green Card
T visa holders can apply for permanent residency after three years or earlier under certain conditions. - Family Unity
Immediate family members, including spouses, children, parents (if the victim is under 21), and certain siblings, may be eligible for derivative visas.
Access to Public Benefits
T visa recipients may be eligible for certain federal and state benefits, including healthcare and housing assistance.
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