A person may be eligible for a T visa if that person:
- Is or was a victim of trafficking, as defined by law
- Is in the U.S., American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry due to trafficking
- Complies 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)
- Demonstrates that he/she would suffer extreme hardship involving unusual and severe harm if you were removed from the United States
- Are admissible to the United States. If not admissible, you may apply for a waiver.
Application must be made by filing Form I-914 with the USCIS and evidence showing eligibility. There are only 5000 visas available in a year for T visas. T visa holders can apply for work authorization.
If the principle petitioner is under the age of 21 years, then he or she may petition on behalf of spouse, children, parents and unmarried siblings under the age of 18 years. If the principle petitioner is older than 21 years, then he or she may petition for spouse and children only.
T visa holders can apply for permanent residence by adjusting Status provided they have been lawfully admitted to the United States as a T nonimmigrant and continue to hold such status at the time of application. T visa holder must be physically present in the U.S. for a continuous period of at least three years in T nonimmigrant status, or a continuous period during the investigation or prosecution of the acts of trafficking, provided that the Attorney General has certified that the investigation or prosecution is complete, whichever time is less. Must have maintained “good moral character” during the stay. T visa holder must have complied with any reasonable request for assistance in the investigation or prosecution of acts of trafficking demonstrate extreme hardship involving unusual and severe harm upon removal from the United States or have been under 18 years of age at the time of the trafficking victimization.
We, at the Law Offices of Aditya Surti, LLC can help you in applying for change of status/ extension/ adjustment of status to a different visa.