T Visa Lawyer — Immigration Protection for Survivors of Human Trafficking

T nonimmigrant status is humanitarian immigration relief for certain people who have experienced a severe form of human trafficking and who meet the additional requirements of INA 101(a)(15)(T).

Form I-914 is the application for principal T nonimmigrant status. A survivor explains the trafficking, qualifying physical presence, law enforcement reporting and assistance or an applicable exception, hardship, and immigration history.

It includes qualifying sex trafficking and labor trafficking. Adult sex trafficking generally involves force, fraud, or coercion; a commercial sex act involving someone younger than 18 can qualify without proving those means. Labor trafficking can involve involuntary servitude, peonage, debt bondage, or slavery.

Generally applicants must report trafficking to an appropriate law enforcement agency and comply with reasonable requests for assistance. Exceptions can apply based on age or physical or psychological trauma. USCIS evaluates the actual reporting, requests, and circumstances; an agency endorsement is not mandatory.

An applicant must show the particular risks of removal, which may include safety threats, retribution, serious trauma, medical needs, loss of protective services, or country conditions. Ordinary difficulty or economic disadvantage alone generally is insufficient.

Under the process introduced for qualifying I-914 filings beginning August 28, 2024, USCIS may find an application bona fide and consider deferred action and employment authorization under category (c)(40) while the case remains pending. A favorable BFD is not T status or an approval.

A pending T application alone does not authorize employment. Eligible applicants may obtain employment authorization following a favorable bona fide determination and discretionary deferred action. Approved T-1 recipients are employment authorized incident to status; documentation and derivative rules differ.

Yes. The principal may file Form I-914, Supplement A for eligible relatives seeking derivative T status, not U status. Relationships vary by the principal’s age and, for some relatives, danger of retaliation. Each proposed family member needs individual eligibility review.

Potentially. Certain T nonimmigrants may apply using Form I-485 after three years of qualifying continuous physical presence in T status, or earlier if the relevant trafficking investigation or prosecution is complete, subject to statutory eligibility, cooperation or exceptions, and discretion.

Prepare a safe, accurate timeline of recruitment, control, trafficking conduct, escape or separation, law enforcement contacts, physical presence, and removal risks. Review immigration history and gather available evidence before selecting a filing strategy.

No. A signed declaration from law enforcement on Form I-914, Supplement B can be valuable evidence, but it is not a mandatory filing requirement for T nonimmigrant status. This differs from the U visa certification requirement.

Applicants must connect their presence in the United States, or another covered location, to their trafficking or satisfy an applicable statutory alternative. Departures, returns, timing, and the effects of trafficking require a careful individualized review.

Possibly. T eligibility and the availability of Form I-192 waivers depend on the exact inadmissibility grounds, immigration history, and other restrictions. Neither unlawful status nor a pending I-914 guarantees protection from enforcement.

Special disclosure and use restrictions under 8 USC 1367 may protect T case information, subject to statutory exceptions. Safe addresses and secure communications are important, particularly if a trafficker may monitor devices, accounts, or mail.

Counsel can assess trafficking elements, physical presence, reporting and assistance requirements, trauma exceptions, hardship, corroborating evidence, waivers, qualifying family members, BFD issues, and the route to permanent residence.