What Are The Eligible Situations For A T Visa Application?

TL;DR:
The T visa protects individuals who have been victims of severe human trafficking, whether for labor or sex. To qualify, applicants must show they’re in the U.S. due to trafficking, are cooperating with law enforcement (with few exceptions), and would face hardship if removed. Children, spouses, and parents may also qualify as derivative applicants. The process involves a detailed application, supporting evidence, and a personal declaration. Working with an immigration lawyer can help ensure you meet all the eligibility requirements.

You’re not alone if you’ve found yourself in a situation that started with a promise of a better life but turned into something you didn’t agree to. Maybe you were made to work without pay, threatened if you left, or coerced into acts that hurt your dignity and safety.

We’ve helped survivors who walked that very road. We’ll walk through the legal definitions, plain and simple, so you can see if your story fits. And if it does, we want you to know what comes next.

Overview Of The T Visa

Created under the Victims of Trafficking and Violence Protection Act of 2000, the T visa is a humanitarian protection for people who are victims of “severe forms of trafficking in persons.”

There are two main categories:

• Sex trafficking involves coercion, fraud, or force to make someone engage in commercial sex.
• Labor trafficking means recruiting, transporting, or holding a person through coercion, fraud, or force for labor or services.

Importantly, the T visa doesn’t require perfect paperwork or legal entry into the U.S. What matters most is your experience and how it connects to these definitions.

Who Is Eligible, The Four-Part Test

USCIS uses four main criteria to decide if someone qualifies for a T visa (8 C.F.R. § 214.11). You must meet all four.

You Were A Victim Of A Severe Form Of Trafficking

It means either:

• You were recruited, transported, harbored, or obtained for labor or services through force, fraud, or coercion.
• You were under 18 and involved in commercial sex acts, even without showing coercion or force.

It covers a wide range of experiences. These include domestic work, agricultural labor, restaurant work, construction, and sex work, if there was manipulation, threat, or deception.

You Are Physically Present In The U.S. Due To Trafficking

You must show that your presence in the U.S. is related to your trafficking experience. It could be because:

• You were brought here by traffickers.
• You fled traffickers and remain in the U.S.
• You came back to help law enforcement with a trafficking case.

Even if your trafficking happened years ago, you might still qualify if you’re here because of those events.

You Cooperated With Law Enforcement (With Exceptions)

Generally, applicants must show “reasonable cooperation” with a law enforcement investigation or prosecution of the traffickers. You don’t need to testify in court, but you do need to:

• File a police report or communicate with authorities.
• Provide information about your traffickers.

Exceptions: If you’re under 18 or have physical or psychological trauma that prevents you from cooperating, you may still be eligible without this step.

You Would Suffer Extreme Hardship If Removed

You’ll need to explain why leaving the U.S. would cause unusual and severe harm, such as:

• Danger of retaliation from traffickers in your home country.
• Lack of medical or psychological care for trauma.
• Loss of U.S.-based safety net (support groups, therapists, etc.).
• Stigma, persecution, or ostracization in your country.

Common Situations That May Qualify

Here are some real-world examples of trafficking scenarios that may qualify for a T visa.

Domestic Workers Trapped In A Household

Recruiters promise nannies or housekeepers a job in the U.S. When they arrive, recruiters take their passports. They work long hours, aren’t allowed to leave, and are threatened with deportation if they complain.

Agricultural Workers Paid Nothing

A group of farm laborers recruited from Central America suffers forced labor. They work 12-hour days with no pay, are held in cramped housing, and watched by armed guards.

Restaurant Employees With No Freedom

Recruiters brought over to the U.S. kitchen workers on a work visa. They must repay the “debt” for the trip. They work every day with no pay, sleep at the restaurant, and aren’t allowed a phone.

Teens Forced Into Commercial Sex

Teens from abroad are offered a modeling job in the U.S. They arrive to find they must perform sex acts in exchange for housing, with threats of violence if they leave.

Day Laborers Coerced With Immigration Threats

Individuals are hired off the street and told their pay depends on “being loyal.” They work without breaks, and the boss threatens to call ICE if they complain or leave.

If any of this sounds like your story, the T visa may be a path forward.

Who Else Can Benefit?

If your T visa is approved, certain family members may also be eligible:

• If you’re over 21: Your spouse and unmarried children under 21.
• If you’re under 21: Your parents, unmarried siblings under 18, spouse, and children.

This part can be life-changing. It allows you to reunite with and protect your loved ones who may also face danger.

What Proof Do You Need?

You don’t need a police conviction, but you do need solid evidence to back up your claim. That includes:

• A detailed personal declaration explaining your trafficking experience.
• Law enforcement support, like Form I-914, Supplement B (not required, but helpful).
• Medical or psychological records, showing harm you’ve suffered.
• Witness statements, photos, or any documents related to your situation.
• Proof of cooperation with authorities or an explanation why it wasn’t possible.

You’ll also submit Form I-914 to USCIS and any documents supporting your story. An immigration lawyer can help ensure every piece is in order.

Special Notes On Deadlines & Waivers

The T visa has some incredible built-in flexibility:

• There’s no time limit on when the trafficking occurred.
• Unlawful entry, overstays, or unauthorized work won’t disqualify you.
• Waivers are available for almost every ground of inadmissibility if connected to trafficking.

If you already have a removal order or were denied other immigration relief, don’t assume you’re out of options. The T visa may still work for you.

What Happens After Approval

If approved, you get:

• Legal status for four years.
• Work authorization.
• Access to benefits like housing support, medical care, or counseling (through the Office for Victims of Crime).
• Path to permanent residence: After three years (or once the case against traffickers is closed), you may apply for a green card.

If You’re Still Unsure, Take These Steps

Here’s what you can do now:

• Write your story down. Start with what your recruiters had promised, what happened in actuality, and how you felt.
• Gather documents, photos, texts, emails, and anything that might support your case.
• Talk to an immigration lawyer. T visa cases require both sensitivity and strategic thinking. You don’t have to do it alone.

 Legal Terms In Focus

You Deserve To Be Safe & Seen

No one deserves to be trapped or abused. The T visa exists because our laws recognize that. They recognize you. Even if somebody told you there’s no chance, that might not be true. Lincoln-Goldfinch Law in Austin, Texas, helps clarify your options and next steps.

We’ve helped survivors find safety, regain power, and build new lives. You are worthy of protection, and we’re here to help you claim it. If you believe your situation may qualify for a T visa, or if you’re unsure and just need clarity, we’re ready to listen.