The T visa provides immigration status to survivors of severe forms of human trafficking who are present in the U.S. on account of that trafficking, and who either comply with reasonable requests to assist law enforcement or qualify for an exception to that requirement, such as being under 18 or experiencing trauma that prevents cooperation.
We understand that trafficking survivors often carry deep trauma and fear, and that disclosing what happened is difficult. We approach every T visa case with the sensitivity it requires while building a legally sound petition.
Who This Helps
- Survivors of severe forms of trafficking in persons, including labor and sex trafficking
- Individuals physically present in the U.S. as a result of the trafficking
- Applicants who have complied with reasonable law enforcement requests, or qualify for an exception (such as being under 18, or trauma-related inability to cooperate)
- Individuals who would suffer extreme hardship involving unusual and severe harm if removed from the U.S.
- Qualifying family members, including a spouse, children, and in some cases parents or siblings of a minor victim
- Survivors concerned about safety who need to understand confidentiality protections before applying
How We Handle These Cases
Confidential Trauma-Informed Interview
We meet with you privately and at your pace to understand the trafficking situation and how it affected you, without pressuring you to disclose more than you're ready to.
Law Enforcement Coordination
Where applicable, we help facilitate appropriate cooperation with law enforcement, or document why an exception to that requirement applies to your case.
I-914 Petition Preparation
We prepare a detailed petition establishing the trafficking, your presence in the U.S. because of it, and the hardship you'd face if removed.
Family Member Petitions & Status
We assess and file for qualifying family members, and help you pursue work authorization and, eventually, adjustment of status.
Frequently Asked Questions
What's the difference between a T visa and a U visa?
A T visa is specifically for survivors of human trafficking, while a U visa covers a broader range of qualifying crimes, including but not limited to trafficking. Some cases could potentially qualify for either, and we'll assess which fits your facts and offers the stronger path.
Do I have to cooperate with law enforcement to get a T visa?
In most cases yes, but there are important exceptions, including for survivors under 18 and those unable to cooperate due to physical or psychological trauma from the trafficking. We'll evaluate whether an exception applies to you.
Is there a cap on T visas like there is for U visas?
Yes, but the annual cap for T visas (5,000) is rarely reached, so most approved applicants do not face the years-long waiting list that U visa applicants currently experience.
Can I apply for a green card after getting a T visa?
Yes. After holding T nonimmigrant status for three years (or sooner if the investigation or prosecution concludes earlier), you can generally apply for adjustment of status to a green card.
This page is provided for general informational purposes and does not constitute legal advice. Every immigration case depends on its specific facts. Contact Murph & Tchamda LLP to discuss your situation with a licensed attorney before taking any action.