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THE MESSERSMITH LAW FIRM, P.A. US IMMIGRATION COUNSEL · NATIONWIDE

FORM I-914 · HUMAN TRAFFICKING RELIEF

T Visa Lawyer — Immigration Protection for Survivors of Human Trafficking

Understand T nonimmigrant status, labor and sex trafficking, law enforcement requirements, work authorization, family protection and a possible path to a green card.

THE T VISA STANDARD

Who can qualify for T nonimmigrant status?

Each requirement must be supported by the facts. Experiencing exploitation alone does not automatically establish eligibility.

01

Severe trafficking

Victimization through a qualifying severe form of sex or labor trafficking, as defined by law.

02

Physical presence

Qualifying presence in the US or another covered location on account of trafficking, or another permitted statutory basis.

03

Report and assist

Compliance with applicable reporting and reasonable law enforcement assistance requirements, or an exception.

04

Removal hardship

Extreme hardship involving unusual and severe harm if removed from the US.

05

Admissibility

Admissibility or an available discretionary waiver, with a review of immigration and criminal history.

RECOGNIZING TRAFFICKING

Labor trafficking and sex trafficking are legally distinct

Fraudulent recruiting, control over movement or wages, threats, and commercial sexual exploitation may all be relevant. The evidence and statutory definitions govern.

LABOR

Forced labor or services

Involuntary servitude, peonage, debt bondage and slavery can arise from threats, coercion, abuse of legal process or other prohibited means.

SEX

Commercial sexual exploitation

Adult cases generally require force, fraud or coercion; a commercial sex act involving a minor can qualify without those means.

FACTS

Not every exploitative job

Poor working conditions or wage violations do not automatically meet the severe trafficking definition. Evaluate the purpose, methods and control involved.

REPORTING AND SUPPLEMENT B

Law enforcement reporting does not mean certification is mandatory

The applicant generally must report trafficking to the proper authority and comply with reasonable requests for assistance unless an exception applies. The exact steps and timing matter.

REPORT

Appropriate authority

Review whether trafficking was reported to a law enforcement agency with authority to investigate the relevant conduct.

ASSIST

Reasonable requests

Document actual requests and responses; an age-based or physical or psychological trauma exception may apply.

OPTIONAL

Form I-914 Supplement B

An authorized agency may sign Supplement B, which can help prove trafficking and cooperation. It is not mandatory initial evidence.

Do not confuse this rule with the required Form I-918 Supplement B certification for U nonimmigrant cases.

PHYSICAL PRESENCE AND HARDSHIP

Connect US presence and removal risks to the trafficking experience

A carefully documented timeline can be decisive in cases involving escape, relocation, return travel or delayed reporting.

LOCATION

On account of trafficking

Explain why the applicant is present in the United States in connection with trafficking or another statutory alternative.

TRAVEL

Departures and returns

Any departures after trafficking and the reason for any return need a specific legal review.

HARDSHIP

Unusual and severe harm

Assess threats, retaliation, trauma, access to care, safety, country conditions and other documented risks.

EVIDENCE AND CASE DEVELOPMENT

Document a coherent trafficking narrative

USCIS applies an any credible evidence framework. Not every survivor will have police records or documentary proof of each event.

STORY

Survivor declaration

Explain recruitment, promises, coercion, control, labor or commercial sexual activity, escape and continuing effects.

RECORDS

Corroborating materials

Where safely obtainable, use employment records, messages, medical evidence, witness accounts and agency documents.

HISTORY

Immigration review

Examine entries, departures, status, removals, potential inadmissibility and whether Form I-192 should accompany the case.

FORM I-914

A staged process from case review to USCIS decision

Filing a T application, receiving a bona fide determination, and obtaining approved T status are distinct events.

01

Screen the case

Assess each statutory element, safety and the appropriate reporting strategy.

02

Prepare evidence

Assemble declarations, available corroboration and any optional Supplement B.

03

File the application

Submit Form I-914 and applicable waiver or derivative requests using current USCIS instructions.

04

Pending review

USCIS may consider a bona fide determination and related discretionary protections.

05

Final decision

USCIS separately determines eligibility for T status and relevant derivative benefits.

BONA FIDE DETERMINATIONS

When employment authorization may become available

A pending I-914 alone does not grant T status, employment authorization or protection from removal.

BFD

Preliminary review

Qualifying filings may receive a favorable bona fide determination; this is not approval of T nonimmigrant status.

(c)(40)

Deferred action and EAD

After a favorable BFD, USCIS may consider discretionary deferred action and an employment authorization document.

T-1

Approved classification

T-1 nonimmigrants are employment authorized incident to status. Derivative employment procedures may differ.

USCIS procedures for bona fide determinations apply to qualifying applications filed on or after August 28, 2024, with a limited transition rule for certain earlier filings receiving RFEs.

FORM I-914 SUPPLEMENT A

Protecting qualifying family members through derivative T status

Family eligibility depends on age, relationship, admissibility, and sometimes a present danger of retaliation.

UNDER 21

Broader immediate family

A principal under age 21 at filing may generally seek qualifying spouse, children, parents and unmarried siblings under 18.

21+

Spouse and children

A principal age 21 or older generally may seek derivative status for a spouse and qualifying unmarried children.

DANGER

Additional protected relatives

Special provisions may cover certain parents, siblings or children facing qualifying danger of retaliation. Each category requires careful review.

Eligible relatives receive derivative T classifications through Form I-914 Supplement A, not U nonimmigrant status. Age-out protections and continued qualifying relationships require individualized analysis.

FORM I-192 AND FORM I-485

Waivers and permanent residence are separate legal steps

An approved T visa can create a route toward lawful permanent residence, but the filing and eligibility conditions are distinct.

I-192

Inadmissibility review

Identify exact grounds and evaluate the availability and discretionary standards of a waiver.

I-485

Qualifying residence period

Generally three years of qualifying continuous physical presence in T status, or earlier on completion of the relevant investigation or prosecution, if otherwise eligible.

REVIEW

Additional requirements

Consider continuous presence, cooperation or exceptions, admissibility rules applicable to adjustment, evidence and discretionary factors.

PRIVACY AND SAFETY

Safe communications are part of effective representation

Trafficking survivors may be at risk if a trafficker monitors their phone, account, location or mail.

1367

Statutory confidentiality

8 USC 1367 imposes special restrictions on use and disclosure of certain victim based immigration case information, with exceptions.

ADDRESS

Protected correspondence

Assess safe mailing addresses, protected case procedures and how to receive USCIS notices securely.

CONTACT

Minimize exposure

Avoid transmitting sensitive details through public forms or accounts that another person may access.

T VISA QUESTIONS

15 frequently asked T visa questions

Original page questions retained, with expanded practical answers on evidence, reporting, employment and family eligibility.

01What is a T visa?

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).

02What is Form I-914?

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.

03What is a “severe form of human trafficking”?

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.

04Do I have to cooperate with law enforcement to qualify?

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.

05What does “extreme hardship involving unusual and severe harm” mean?

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.

06What is T visa bona fide determination (BFD)?

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.

07Can I get a work permit with a T visa case?

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.

08Can family members be included in a T visa case?

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.

09Can a T visa lead to a green card?

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.

10What is the first step in a T visa case?

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.

11Is Form I-914 Supplement B required?

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.

12What does physical presence on account of trafficking mean?

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.

13Can an applicant with unlawful presence or a removal order qualify?

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.

14Are T visa filings confidential?

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.

15How can an attorney evaluate a T visa case?

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.

OFFICIAL REFERENCES

USCIS forms and legal guidance

Use current USCIS instructions and policy when preparing a specific filing.

USCIS Form I-914 ↗ · T status policy ↗ · T adjustment policy ↗ · Related U visa guidance ↗

THE MESSERSMITH LAW FIRM, P.A.

Individual legal strategy supported by the evidence.

Peter Messersmith has practiced US immigration law since 2002. Our firm evaluates T nonimmigrant eligibility, trafficking evidence, law enforcement issues, waivers and family options.

See our redacted immigration approval notices. Prior results do not guarantee future outcomes.

What our clients say.

Clients recognize the firm's careful preparation, responsiveness, and commitment to finding the appropriate legal strategy for their immigration cases.

Throughout the process, Peter was knowledgeable, professional, and straightforward. His assistant, Jen, was also outstanding. She was always patient, responsive, and willing to answer my questions promptly, which made a very stressful immigration process much easier.

Tanzil Rahman
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These selected testimonials reflect individual client experiences. Results vary according to the facts and circumstances of each matter.

FORM I-914 / T NONIMMIGRANT COUNSEL

Discuss your eligibility and a safe filing strategy.

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