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Questions and Answers: Victims of Human Trafficking, T Nonimmigrant Status
T Nonimmigrant Status (T Visa) is set aside for those who are or have been victims of human trafficking and are willing to assist law enforcement in the investigation or prosecution of acts of trafficking. Below are Questions and Answers pertaining to T nonimmigrant status.
Questions and Answers
Q. What Is Human Trafficking?
To consider a situation ‘trafficking’ depends on the type of work, and the use of force, fraud, or coercion to obtain or maintain work.
Under Federal law, the term “severe forms of trafficking” can be broken into two categories:
• Sex trafficking: recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act where the commercial sex act is induced by force, fraud, or coercion, or the person being induced to perform such act is under 18 years of age.
• Labor trafficking: recruitment, harboring, transportation, provision, or obtaining of a person for labor or services through the use of force, fraud, or coercion for the purpose of involuntary servitude, peonage, debt bondage, or slavery.
Q. Do Federal Laws Prohibit Trafficking In Persons?
Q. Is There Any Immigration Relief Available For a Victim of a Severe Form of Trafficking In Persons?
Q. How Do You Become Eligible For T Nonimmigrant Status?
If under the age of 18 at the time of the victimization, or if you are unable to cooperate with a law enforcement request due to physical or psychological trauma, you may qualify for the T nonimmigrant visa without having to assist in investigation or prosecution.
You must also be admissible to the United States or obtain a waiver of admissibility.
Q. What is the Application Process to Obtain a T Nonimmigrant Visa?
Q. Are There Fees That I Must Pay To Apply?
Q. Can My Family Members Also Obtain T Nonimmigrant Status?
If the principle applicant is.... Then...
21 years of age or older They may apply on behalf of spouse and children.
Q. Can I Legally Work in the United States If I Have T Nonimmigrant Status?
Q. How Long Am I Allowed to Remain in the United States With My T Nonimmigrant Visa?
Q. How Can I Apply For Permanent Residence (Green Card)?
To qualify for permanent residence, you must:
For more information on green cards, see the “Green Card for a T Nonimmigrant” link to the right.
For more information about the certification process, please see the “Health and Human Services” link to the right.
Q. Are There Any Other Forms of Immigration Relief Available to Victims of Trafficking?
For more information about U Nonimmigrant Status, see the “Victims of Criminal Activity, U Nonimmigrant Status” link to the left.