Immigration

Laws current as of July 30, 2024

How long does my T visa status last and what happens when it expires?

T visa status lasts for four years.¹ You must leave the United States at the end of the four years unless:

you have applied to become a lawful permanent resident; in other words, to get your “green card”;²
a law enforcement authority certifies that an extended stay is necessary for an ongoing investigation; or
you show “exceptional circumstances” justifying a longer stay.³

For more information, see Now that I have my T visa, can I apply for permanent resident status?

¹ INA § 214(o)(7); 8 C.F.R. § 214.212
² 8 C.F.R. § 214.212(h)
³ INA § 214(o)(7); 8 C.F.R. § 214.212

I have T visa status. Can I work legally in the U.S.?

If the government gives you T visa status, you are automatically granted employment authorization, which is the ability to work legally. You do not actually need an employment authorization document (EAD), also called a “work permit,” because you can use your T visa approval notice to prove you can work, and to get a Social Security card. That said, life can be easier if you have a work permit, and the good news is that you do not need to fill out separate paperwork to request one; your T visa application acts as an application for a work permit¹

If you are asking for T visa status for your family members (“derivatives”) to also get T visa status, work authorization does not come automatically with their derivative T visa status. They will have to ask for work authorization and must have a work permit to work legally. ²

In 2024, a new process was created for some people to get a work permit even before their T visa is granted. It can be granted once they have submitted a T visa application and USCIS confirms it is “bona fide,” which is a Latin term that means “in good faith.” It is possible for certain family member derivatives to receive a work permit in this way too.

¹ 8 C.F.R. § 214.204(o)(3)
² 8 C.F.R. § 214.211(i)(3)

Can I travel outside the U.S. after my T visa status is approved?

It is extremely important that you talk to an immigration lawyer with experience in T visas before traveling. Here are some problems with traveling:

Even if USCIS approved your T visa application, you cannot leave and come back into the US unless you first apply for a benefit called “advance parole.” Advance parole is like permission to leave and return for a specific humanitarian purpose, on a specific timeframe.¹ Trying to get advance parole can be a long and difficult so it is strongly recommended to have the help of process an immigration lawyer. Note: Some derivative T visa family members may receive a T visa that allows them to travel without advance parole, but that is not the case for the principal T visa holder.²
If you come back into the U.S. with a different kind of visa, such as a visitor’s visa, after being granted T visa status, or if you come in without permission, USCIS may take away your T visa status.¹
There is a “continuous physical presence” requirement for you to get a green card based on your T visa.³ Being outside the U.S. for more than 90 days at a time, or more than 180 days in combined trips, may keep you from being able to meet that requirement. Even if you do not plan to be out of the country for so long, an emergency may arise, or you may face delays beyond your control trying to return. See Now that I have T visa status, can I apply for permanent resident status? For more information.
If you leave the U.S., you may create new immigration law barriers for yourself (“grounds of inadmissibility”) that only apply if someone leaves the country.⁴ If you leave the U.S., you should have your lawyer’s contact information in case you can’t get back into the U.S. without filing new forms. Your attorney could contact a national organization that is familiar with T visas, such as ASISTA, for help getting these forms approved, but you may be stuck outside of the U.S. for a significant period of time.
If you have T visa status, including if you have T derivative status as a family member, and you have already submitted an application for a green card that is still pending, then you will need to request advance parole before leaving the United States. If you do not request advance parole before leaving the U.S., USCIS will think you don’t want to go through with your green card application and deny it.⁵ This is true even for derivatives who have a T visa that otherwise allows them to travel internationally and return.

For all of these reasons, it is extremely important that you talk to an immigration lawyer with experience in T visas before traveling. An immigration attorney with experience in T visas should be able to determine if any of these risks apply to you. To find an immigration lawyer, visit our National Organizations – Immigration page or our Finding a Lawyer page.

¹ 8 C.F.R. § 214.204(p); see also the Visas for Victims of Human Trafficking page from the U.S. Dept. of State
² 8 C.F.R. § 214.211(i)(4)
³ 8 C.F.R. § 245.23(a)(4); See USCIS website, Instructions for I-485
⁴ INA § 212(a)(9)(A), (B) & (C)
⁵ See 8 C.F.R. § 245.23(j); see Form I-131 and Instructions

Now that I have T visa status, can I apply for permanent resident status?

Someone granted T visa status may apply for permanent residence (a “green card”) if s/he has:

been in the United States for whichever amount of time is shorter:
- a continuous period of at least three years after getting T visa status; or
- a continuous period during the investigation or prosecution of your trafficking report, and the investigation or prosecution is complete;
been a person of “good moral character” since first being granted T visa status;
complied with law enforcement’s reasonable requests since first being granted T visa status or received an exception (exemption) from compliance or reporting based on age or trauma, or would suffer extreme hardship involving unusual and severe harm if s/he were removed from the United States; and
not committed acts that trigger immigration law barriers to status (“grounds of inadmissibility.”) If you have done something that makes you inadmissible, you may still apply for a green card if you already got the act waived when applying for your T visa, or if you submit a new application to waive the inadmissibility ground now.¹ It is extremely important to talk to a lawyer if this may apply to you, so you can see if you can argue it does not apply, or you can submit a strong waiver application.

To apply for permanent residence, which is known as “adjusting your status,” you must file Form I-485.

Note: “Good moral character” is defined by a list of certain behaviors. The law spells out acts and crimes that, if committed, could prevent you from getting many kinds of lawful status, including a green card based on your T visa status or naturalizing to become a U.S. citizen. The most common barriers to showing good moral character are based on criminal behavior.² A lawyer may be able to rely on prior decisions (known as “case law”) by the immigration and federal courts to overcome these barriers. This is, again, an area that requires attention from an experienced immigration lawyer. To find an immigration lawyer, visit our National Organizations - Immigration page and/or our Finding a Lawyer page.

¹ 8 C.F.R. § 245.23; INA § 245(l)
² INA § 101(f)

What specific federally-funded benefits are available to me?

Once you have obtained certification related to continued presence or approved T visa status, or a letter of eligibility if you are under 18, you may receive benefits from any federal program or federally funded state program that you are otherwise eligible for - for example, if you meet their income requirements, etc. Possible benefits you may be eligible for appear below. To apply for any of these benefits, be sure to bring your certification or letter of eligibility with you. (The service provider will verify your certification or eligibility letter by calling the Trafficking Victim Verification line at (866) 401-5510.)

Before seeking any of these federal benefits, you could consult with your attorney or advocate so that they can check that the agency you approach won’t turn you away.

1. Financial Help
Temporary Assistance for Needy Families (TANF) – TANF provides assistance and work opportunities to needy families with children under 18 years of age. State agencies implement the program. Apply through your local social services agency.

Supplemental Nutrition Assistance Program (known as “SNAP” or food stamps) – You use food stamps like cash to pay for food at most grocery stores. Apply through your local Social Security office. Here you can find your local SNAP office.

Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) – WIC provides nutrition assistance and education to pregnant women and families with children under five years of age. You can use WIC checks to purchase certain types of food and infant formula.

Supplemental Security Income (SSI) – SSI provides benefits for people who are blind, have severe disabilities, or are at least 65 years old and have limited income and resources. Apply through your local Social Security office. Here you can find your closest Social Security office.

Refugee Cash and Medical Assistance (RCA & RMA) – If you are ineligible for TANF, SSI, and Medicaid, you may be eligible for RCA and RMA, which provide cash and medical assistance for the first eight months following certification or eligibility.

Matching Grant Program – Volunteer agencies administer the Matching Grant Program as an alternative to refugee cash assistance. It provides employment services, cash allowance, and living assistance, such as food or food subsidies, housing assistance, and transportation.

2. Health Care
Torture Treatment Program – HHS-funded social, legal, health, and psychological services for victims of torture. Here you can find survivor resources.

State Children’s Health Insurance Program (SCHIP) – SCHIP (also called CHIP) is a public health insurance program available to low-income, uninsured children under 18 years of age who do not qualify for Medicaid. Because state agencies administer the program, you will need to contact your state’s local social services agency for more information.

Medicaid – Medicaid is a government-funded health insurance program for people with low income and limited resources. Because state agencies administer the program, you will need to contact your state’s local social services agency for more information.

3. Social Services
Unaccompanied Refugee Minors Program – This program provides resettlement and foster care services for unaccompanied minor refugees and trafficking victims. For more information, go to the Office of Refugee Resettlement website.

4. Employment
One-Stop Career Center System - If you are looking for employment, Career One-Stop may be able to assist you. Local centers provide information and assistance for finding employment and obtaining education and training. You can find a One-Stop career service center near you on their website

Job Corps – The Department of Labor oversees this free job training and education program for youths between the ages of 16 and 24. Here you can learn more about Job Corps.

5. Housing
Certified victims of human trafficking may be eligible for public housing assistance. Your local social services agency may be able to assist you in locating the proper public housing authority.

6. Other
State-Specific Programs – States may have additional programs for certified victims of human trafficking. Your local social services agency may be able to assist you in figuring out what may be available to you.

Note: The above information is adapted from the HHS’s Administration for Children and Families Victim Assistance Fact Sheet. The fact sheet is also available in the following languages:

You can find additional information in HHS’s Resource Guide. In addition, the National Immigrant Women’s Advocacy Project created a “map” where you can look up each type of benefit to see if an immigrant is eligible for that particular benefit in a particular state. The map includes cash assistance (TANF), child care, housing, driver’s licenses, and more. You can access this map feature on the NIWAP website. Also, they offer information about all of the benefits that an immigrant can qualify for in every state displayed in a state-by-state list.

What steps do I need to take to get federal benefits that I am entitled to?

If you are a victim of human trafficking who is at least 18 years old you can get “certified” by the U.S. Department of Health and Human Services (HHS) to be eligible for certain federally-funded benefits.¹

“Certification” is available to victims of human trafficking who are willing to assist law enforcement in the prosecution of trafficking crimes and either:

have completed a bona fide application for a T visa; or
have received continued presence status from the Department of Homeland Security.²See What does it mean to have “continued presence”? Is it the same as having T visa status? for more information.

Child victims are automatically eligible for benefits once the HHS receives proof that the child is a victim of human trafficking; they do not have to prove either of the two requirements above. HHS will then provide the child victim or the child victim’s representative with a “letter of eligibility,” which can be used to prove to social service providers that the child is eligible for benefits.³

If you have not yet been certified by the HHS but you have reported the trafficking crime, you may still be eligible for certain federally funded services and benefits including crisis counseling and short-term shelter or housing assistance. To locate service providers for uncertified victims of human trafficking, contact the National Human Trafficking Resource Center’s Hotline at 1-888-373-7888 or you can send a text to 233733, which corresponds with the letters BeFree on your phone.

¹ 22 U.S.C. § 7105(b)(1)
² U.S. Department of Health and Human Services, Office on Trafficking in Persons, Certification Letters
³ 22 U.S.C. § 7105(b)(1)(C)(ii)(l); Department of Health and Human Services, Administration for Children and Families, Victim Assistance Fact Sheet

Legal Information: Federal