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 supports 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?
- 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, and 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 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. Removal 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
The T visa application process
- File Form I-914, Application for T Nonimmigrant Status. The 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 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
Benefits of a T visa
- Protection from removal for the duration of the visa status
- Employment authorization, allowing survivors to support themselves
- A pathway to a green card 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
Trauma-informed legal guidance
The aftermath of trafficking can be overwhelming. At Gagliano Law, PLLC we take a compassionate, survivor-centered approach, helping clients tell their story, gather documentation, and work through each legal step with dignity.
Frequently asked questions
What is the difference between a T visa and a U visa?
The T visa is specifically for victims of human trafficking, while the U visa is for victims of a broader range of crimes. Both offer work permits and paths to permanent residency.
Do I need to cooperate with the police to get a T visa?
Generally yes, unless you are under 18 or cooperation is not reasonable due to trauma or risk. Each case is reviewed individually.
Can I apply for a T visa if I entered the U.S. illegally?
Yes. Entry without inspection does not disqualify you. A waiver may be required depending on your immigration history.
What documents do I need to apply?
A personal declaration, any available police or medical records, witness statements, and documentation of hardship.
Can my family members apply with me?
Yes. Eligible family members may include a spouse, children, and in certain cases parents and siblings.
How long is a T visa valid?
Four years. During this time recipients may apply for a green card and work legally.
Will getting a T visa affect my future immigration status?
No. It strengthens your immigration case by establishing lawful status and allowing for a green card in the future.
For support and legal representation in applying for a T visa, contact Gagliano Law, PLLC.
