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T VISA

Accént Legal the law office of Mark Kowalewski

We provide assistance with filing your T Visa with the immigration office, working with USCIS customer support or gaining a green card.

T nonimmigrant status is a temporary immigration benefit that enables certain victims of a severe form of human trafficking to remain in the United States for up to 4 years if they have assisted law enforcement in an investigation or prosecution of human trafficking. An example of trafficking may include being employed but the employer not paying wages for time you have worked.

If your application is successful, you may subsequently receive a green card that includes a work permit.
Yes, it is possible. T nonimmigrants may be eligible to apply for lawful permanent residence (a Green Card) after 3 years in T nonimmigrant status or once the investigation or prosecution of the trafficking is complete, whichever occurs earlier.

Yes. T nonimmigrant status is also available for certain qualifying family members of trafficking victims.

Regardless of your age, you may apply for the following family members if they are in present danger of retaliation as a result of your escape from trafficking or cooperation with law enforcement:

  • Your parents;
  • Your unmarried siblings under 18 years of age; and
  • The children of any age or marital status of your qualifying family members who have been granted derivative T nonimmigrant status.


If your family members are not in present danger of retaliation, then if you are under 21 years of age:

  • Spouse
  • Unmarried children who are under 21 years old
  • Parents
  • Unmarried siblings who are under 18 years old

If you are 21 years of age or over you may sponsor:

  • Spouse
  • Unmarried children who are under 21 years old

You may be eligible for T nonimmigrant status if you:

  • Are or were a victim of a severe form of human trafficking as defined above;
  • Are in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry due to trafficking;
  • Comply with any reasonable request from a law enforcement agency for assistance in the investigation or prosecution of human trafficking (unless you are under the age of 18 or you are unable to cooperate due to physical or psychological trauma. In either case, you may not need to show that you complied with reasonable requests from law enforcement);
  • Demonstrate that you would suffer extreme hardship involving unusual and severe harm if you were removed from the United States; and
  • Are admissible to the United States (If you are not admissible, you may be eligible for a waiver of certain grounds of inadmissibility.
  • Sex trafficking: When someone recruits, harbors, transports, provides, solicits, patronizes, or obtains a person for the purpose of a commercial sex act, where the commercial sex act is induced by force, fraud, or coercion, or the person being induced to perform such act is under 18 years of age; or
 
  • Labor trafficking: When someone recruits, harbors, transports, provides, or obtains a person for labor or services through the use of force, fraud, or coercion for the purpose of involuntary servitude, peonage, debt bondage, or slavery.
T nonimmigrant status is generally granted for 4 years.

In certain situations, you may be able to extend your T nonimmigrant status.

There is a waiver available for many items that would otherwise prevent you from qualifying for a green card. 

Each individual case is different.

There is no fee for the application. 

There is a fee for the waiver, if it is necessary. 

​Yes. The T visa is valid for up to four years. If this period expires without an extension the T visa is no longer valid. However, the T visa may be withdrawn if you do not cooperate with the law enforcement investigation.

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