T Visa

At Voloshko Law Office, PC in Walnut Creek, CA, our immigration attorneys help human trafficking victims throughout the Bay Area apply for T nonimmigrant status (T visa). The T visa allows victims to remain in the U.S. to assist law enforcement in the investigation or prosecution of trafficking crimes. We speak English, Spanish, Romanian, and Russian.

1. Eligibility for a T Visa

To qualify for a T visa, an applicant must meet the following criteria:

1. Victim of Severe Human Trafficking

   •    Must have been recruited, harbored, transported, or obtained through force, fraud, or coercion for:

   •    Labor trafficking: Forced labor or services.

   •    Sex trafficking: Commercial sex acts induced by force, fraud, or coercion (or under age 18).

2. Physical Presence in the U.S.

   •    The applicant must be in the U.S., American Samoa, or the Commonwealth of the Northern Mariana Islands because of trafficking.

3. Helpfulness to Law Enforcement

   •    Must assist or be willing to assist law enforcement in investigating or prosecuting the trafficking crime.

   •    A law enforcement endorsement is strongly recommended but not required.

4. Hardship if Removed

   •    Must demonstrate that removal from the U.S. would result in extreme hardship involving severe harm.

5. Admissibility

   •    Applicants must be admissible to the U.S. or file for a waiver of inadmissibility (Form I-192).

2. Benefits of a T Visa

   •    Temporary Legal Status: Allows victims to live in the U.S. for up to 4 years.

   •    Work Authorization: T visa holders can apply for an Employment Authorization Document (EAD).

   •    Path to Green Card: Eligible to apply for permanent residency after 3 years or when the investigation/prosecution is complete.

   •    Family Reunification: Immediate family members may qualify for derivative T visas.

3. Steps to Apply for a T Visa

Step 1: Prepare Form I-914

   •    File Form I-914 with evidence of trafficking (police reports, medical or psychological evaluations, witness statements), a personal statement, and proof of physical presence due to trafficking.

Step 2: Obtain Law Enforcement Certification (Optional)

   •    Form I-914, Supplement B, completed by a law enforcement official. While not mandatory, this certification strengthens the application significantly.

Step 3: File for Waivers (if needed)

   •    File Form I-192 to request a waiver of inadmissibility for any immigration violations or criminal history.

Step 4: Submit Biometrics

   •    Attend a biometrics appointment for fingerprints, a photo, and a signature for background checks.

Step 5: Wait for USCIS Decision

   •    USCIS reviews the application and evidence. If approved, the applicant receives T visa status for up to 4 years.

4. Including Family Members

   •    For applicants under 21: Spouse, children, parents, and unmarried siblings under 18.

   •    For applicants 21 or older: Spouse and children.

   •    File Form I-914, Supplement A, for each family member.

5. Applying for a Green Card

After 3 years in T visa status, or upon completion of the trafficking investigation, T visa holders may apply for a green card by filing Form I-485. Eligibility criteria include continuous physical presence, good moral character, and compliance with law enforcement requests.

6. Processing Times

T visa applications can take 12 to 18 months or longer, depending on USCIS workload and case complexity. There is an annual cap of 5,000 T visas, but applicants may receive deferred action or work permits while waiting.

7. Resources for T Visa Applicants

   •    National Human Trafficking Hotline: 1-888-373-7888

Contact Voloshko Law Office, PC at (925) 705-9796 or schedule a consultation to speak with a T visa attorney in Walnut Creek, CA.