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 lure individuals with false promises of employment and a better life. Victims of severe forms of human trafficking are provided relief under United States (U.S.) immigration law by the Victims of Trafficking in Persons (T) nonimmigrant visa. This visa category allows victims of human trafficking to remain in the U.S. 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 visa status must be physically present in the U.S. already. Therefore, U.S. Embassies and Consulates abroad do not issue T-1 visas, but may issue 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 apply for T-1 nonimmigrant status, you must meet the requirements set forth by U.S. Citizenship and Immigration Services (USCIS). 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 to be eligible. You may apply using Form I-914, Application for T Nonimmigrant Status, with USCIS. Applications for T 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.

Filing Applications for Immediate Family Members (T-2, T-3, T-4, or T-5 visa categories)

As a T-1 nonimmigrant status applicant, you are able to apply for certain family members in conjunction with your own application, or at a later date, with USCIS. Depending on your age, you are able to 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)

To file for a family member(s), you, as the T-1 principal visa applicant or visa holder, must submit Form I-914, Supplement A, Application for Immediate Family Member of T-1 Recipient, with the USCIS Vermont Service Center. Once the application is received and approved, it will be sent to the appropriate U.S. Embassy or Consulate, and your family member(s) will be contacted.

Applying for a T-2, T-3, T-4, or T-5 Nonimmigrant Visa (family member of a T-1)

Family members of victims of human trafficking must meet specific requirements to qualify for a Victims of Human Trafficking (T) visa under immigration law. The consular officer will determine whether you qualify for the visa. 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. Interview appointments for T family member visa applicants are scheduled as quickly as possible. However, you should be aware that 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. Visit our DS-160 webpage to learn more about the DS-160 online process.
  • Passport valid for travel to the U.S. and with a validity date of at least six months beyond your intended period of stay in the U.S. (unless country-specific agreements provide exemptions). If more than one person is included in the passport, each person desiring a visa must apply.
  • One (1) 2x2 photograph. See the required photo format explained in Photograph Requirements.

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 contacting the U.S. Embassy or Consulate.

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 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.

Revocation of T Status

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

Visa Ineligibility and Waivers

Certain conditions and activities may make you, the applicant, ineligible for a U.S. visa. The Consular Officer will inform you if you are ineligible for visa, whether there is a waiver for the ineligibility, and what the waiver process is. See Visa Ineligibilities for more information.

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 is available on the USCIS website under Green Card for a Victim of Trafficking (T Nonimmigrant).

How Do I Extend My Stay?

Visitors who wish to stay beyond the date indicated on their Form I-94 are required to have approval by USCIS. See Extend Your Stay on the USCIS website.

How Do I Change My Status?

Some nonimmigrant visa holders, while present in the U.S., are able to file a request which must be approved by USCIS to change to another nonimmigrant category. See Change My Nonimmigrant Status on the USCIS website.

Important Note: Filing a request with USCIS for approval of change of status before your authorized stay expires, while you remain in the U.S., does not by itself require the visa holder to apply for a new visa. However, if you cannot remain in the U.S. 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.

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 (G/TIP)

Reference - U.S. Law

In October 2000, the United States Congress created the nonimmigrant “T” 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.