The T Nonimmigrant Status (T visa) is reserved for those individuals who are or have been victims of human trafficking and are willing to cooperate with law enforcement for their captors to be prosecuted. Human trafficking, also known as trafficking in persons, is a form of modern-day slavery in which traffickers lure individuals with false promises of employment and a better life but ultimately force them into a form of modern day slavery – be it working as a nanny, in a field, or as a prostitute.
You may be eligible for a T visa if you:
- Are or were a victim of trafficking, as defined by law;
- Are in the United States or any of its possessions, or at a port of entry due to trafficking;
- Comply with any reasonable request from a law enforcement agency for assistance in the investigation or prosecution of human trafficking (or you are under the age of 18, or you are unable to cooperate due to physical or psychological trauma);
- Demonstrate that you would suffer extreme hardship involving unusual and severe harm if you were removed from the United States; and
- Are admissible to the United States. If you are not admissible, you may apply for a Waiver.
- This would apply if you have certain criminal convictions, entered the U.S. without authorization, have a prior deportation order, among other restrictions.
If an individual is granted T status, they receive work authorization for four years. After three years of continuous presence in the United States in T status, the foreign national may be eligible to apply for Adjustment of Status and receive a green card. Five years after the green card is granted, Naturalization may be a possibility.