Published on: January 23rd, 2022
By: المستشار ماهر الديري

VISAS FOR VICTIMS OF HUMAN TRAFFICKING TO THE USA

VISAS FOR VICTIMS OF HUMAN TRAFFICKING TO THE USA

Human trafficking, also known as trafficking in persons, is a form of modern-day slavery in which traffickers typically lure individuals with false promises of employment and a better life. Victims of severe forms of human trafficking are provided relief under U.S. immigration law by the Victims of Trafficking in Persons (T) nonimmigrant visa. This status allows victims of human trafficking to remain in the United States to assist in investigations or prosecutions of human trafficking violators.

Foreign citizens seeking T-1 nonimmigrant status must be physically present in the United States already, due to human trafficking. Therefore, U.S. Embassies and Consulates abroad (outside the United States) do not issue T-1 visas, but may issue qualifying family members T (derivative) visas.

T-1 Nonimmigrant Status

In order to receive T-1 nonimmigrant status, you must be eligible and you must comply with the application requirements set forth by U.S. Citizenship and Immigration Services (USCIS). To be eligible, 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, or they must have been allowed entry into the United States for participation in investigative or judicial processes associated with an act or perpetrator of trafficking. You may apply for T-1 nonimmigrant status by filing a Form I-914Application for T Nonimmigrant Status, with USCIS. Applications for T-1 nonimmigrant status must be filed with the USCIS Vermont Service Center and will not be accepted at U.S. Embassies or Consulates overseas.

T Visas for Immediate Family Members – File an Application with USCIS
As a T-1 nonimmigrant status applicant, you may 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)
Any age, if your family member faces a present danger of retaliation as a result of your escape from trafficking or your cooperation with law enforcement,·         Parents (T-4)·         Unmarried siblings under age 18 (T-5)

Application Fee $160

Required Documentation

Each applicant for a T-2, T-3, T-4, or T-5 nonimmigrant visa must gather and prepare the following required documents before the visa interview:

  • Passport valid for travel to the United States – Your passport must be valid for at least six months beyond your period of stay in the United States (unless exempt by country-specific agreements). If more than one person is included in your passport, each person who needs a visa must submit a separate application.
  • Nonimmigrant Visa Application, Form DS-160 confirmation page
  • Application fee payment receipt, if you are required to pay before your interview
  • Photo – You will upload your photo while completing the online Form DS-160. If the photo upload fails, you must bring one printed photo in the format explained in the Photograph Requirements.
  • Form I-797, Notice of Action, from USCIS indicating approval of Form I-914, Supplement A.

Human trafficking, also known as trafficking in persons, is a form of modern-day slavery in which traffickers typically lure individuals with false promises of employment and a better life. Victims of severe forms of human trafficking are provided relief under U.S. immigration law by the Victims of Trafficking in Persons (T) nonimmigrant visa. This status allows victims of human trafficking to remain in the United States to assist in investigations or prosecutions of human trafficking violators.

Foreign citizens seeking T-1 nonimmigrant status must be physically present in the United States already, due to human trafficking. Therefore, U.S. Embassies and Consulates abroad (outside the United States) do not issue T-1 visas, but may issue qualifying family members T (derivative) visas.

T-1 Nonimmigrant Status

In order to receive T-1 nonimmigrant status, you must be eligible and you must comply with the application requirements set forth by U.S. Citizenship and Immigration Services (USCIS). To be eligible, 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, or they must have been allowed entry into the United States for participation in investigative or judicial processes associated with an act or perpetrator of trafficking. You may apply for T-1 nonimmigrant status by filing a Form I-914Application for T Nonimmigrant Status, with USCIS. Applications for T-1 nonimmigrant status must be filed with the USCIS Vermont Service Center and will not be accepted at U.S. Embassies or Consulates overseas.

T Visas for Immediate Family Members – File an Application with USCIS
As a T-1 nonimmigrant status applicant, you may 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)
Any age, if your family member faces a present danger of retaliation as a result of your escape from trafficking or your cooperation with law enforcement,·         Parents (T-4)·         Unmarried siblings under age 18 (T-5)

Application Fee $160

Required Documentation

Each applicant for a T-2, T-3, T-4, or T-5 nonimmigrant visa must gather and prepare the following required documents before the visa interview:

  • Passport valid for travel to the United States – Your passport must be valid for at least six months beyond your period of stay in the United States (unless exempt by country-specific agreements). If more than one person is included in your passport, each person who needs a visa must submit a separate application.
  • Nonimmigrant Visa Application, Form DS-160 confirmation page
  • Application fee payment receipt, if you are required to pay before your interview
  • Photo – You will upload your photo while completing the online Form DS-160. If the photo upload fails, you must bring one printed photo in the format explained in the Photograph Requirements.
  • Form I-797, Notice of Action, from USCIS indicating approval of Form I-914, Supplement A.