T visas for victims of trafficking

Human trafficking is a form of modern-day slavery. Traffickers make false promises about jobs and a better life in exchange for money or work. The T non-immigrant visa lets victims stay in the U.S. to help authorities in the investigation and prosecution of human trafficking cases.

Trafficking has many different forms. Even if you chose to come to the U.S. or chose to take a job, you could still be a victim of trafficking. 

You may not realize that you are a victim of trafficking. Some signs of trafficking may include: 

• little or no pay,
• being forced to pay off a debt through work or sex,
• threats of violence,
• threats of reporting you to immigration or other law enforcement,
• control over your living conditions, communication, and identity documents. 

For something to be seen as “trafficking,” there are many things to look at. It depends on the type of work, and the use of force, fraud, or coercion to get or continue the work.

Under federal law, the term “severe forms of trafficking” can be complicated. But in general, it is broken into 2 categories.

Sex trafficking

Sex trafficking is when you are put or kept in a situation and used sexually to make money. This can include other things, such as being recruited to do sex work, or transported to a location where you were expected to do sex work even if you never ended up doing sex work. See the explanation of sex trafficking on the USCIS website.

Example

If you were promised another type of job and then told you would have to perform sex acts, this could be considered “trafficking.”

Labor trafficking

• you are forced to work, or
• someone lied to you about what type of work you would do, or
• someone said you owe a debt and must perform work in exchange to pay off that debt, or
• you are not being paid for your work, or
• you are not being paid the amount required by the law or overtime for your work, or
• you are asked to do unfair or illegal work, or transported to do such work.

See the explanation of labor trafficking on the USCIS website.

You may be eligible for a T visa if:

1. You are a victim of human trafficking,
2. You are in the U.S.,
3. Being removed from the U.S. would cause you extreme hardship, and
4. You are working with law enforcement in the reporting, investigation, or prosecution of human trafficking.

You must also be "admissible" to the U.S.

You must report information about the crime to a federal, state, or local law enforcement agency. This might be 

• a police department,
• district attorney’s office,
• judge,
• the Attorney General’s Office, or
• the Department of Children and Families. 

A certification from law enforcement is not required. You can ask law enforcement for a certification. This is a form that says you were helpful, are helpful, or are likely to be helpful to the investigation or prosecution of the crime. A certification is very helpful for your T visa case. If you do not get a certification you should collect other evidence of your contact with law enforcement.

Massachusetts has a law that says all agencies must have a policy for when a person asks for a T visa certification. When you ask for a certification, they must respond within 90 days. There are some exceptions. For more information, see this guide for certifying agencies.

To get a T visa, you must be “admissible” to the U.S. “Admissibility” is an immigration term that has many factors. It includes criminal history, immigration violations, health, and more.

If you are not admissible because of one of these factors, you may be able to get a waiver, which is like a forgiveness or pardon. Talk to a lawyer before you apply for a T visa or any waiver.

You may still be eligible for a T visa. T visa applicants must be admissible, but you might be able to get a waiver. Talk to an immigration lawyer to understand if this is possible. 
 

If you are granted a T visa, you get a 4-year non-immigrant visa and permission to work. You can stay in the U.S. during this period and work. After living in the U.S. for 3 years, you may be eligible for lawful permanent residence (green card).

If you are applying for a T visa, you can also apply for certain family members to get T visas. 

If your family members are not in danger of harm from your trafficking, who you can apply for depends on your age. 

• If you are over the age of 21, you may apply for your spouse and unmarried children. Your unmarried children need to be under 21.
• If you are under the age of 21 you may apply for your spouse, unmarried children under 21, parents, and unmarried siblings under 18.

If you have family members in danger of harm from your escaping trafficking or helping law enforcement, you can file for:

• Your spouse,
• Your unmarried children who are under age 21,
• Your parents,
• Your unmarried siblings under age 18, and
• Children of your family members who have been granted T visas from your application. They can be any age, married or unmarried.

If you have family members in danger from your trafficking or helping law enforcement you should talk to an immigration lawyer.

T visa holders may be able to apply for lawful permanent residence (green cards).

You may be able to apply if:

1. You have been in the U.S. without leaving for either: 3 years since you got your T visa, or until the investigation or prosecution is complete, whichever period of time is less.
2. You have been a person of good moral character,
3. You have complied with any reasonable request for assistance in the investigation or prosecution of acts of trafficking,
4. You would suffer extreme hardship if you had to leave the U.S.,
5. You are admissible to the United States as a permanent resident,
6. You have been a T visa holder for at least 3 years.

Your family members may also be eligible for green cards if they got T status through your application.