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EspañolAfter I apply for a T visa, what are the first documents that I will receive?
When U.S. Citizenship and Immigration Services (USCIS) receives your application, it will send you a receipt notice. Soon after, it will send you a notice to have your fingerprints and photo (“biometrics”) taken at a specific location, so USCIS can complete a background check. Once USCIS has looked at your forms, evidence, and background check results, it may notify you as to whether you should receive a positive or negative bona fide determination. USCIS will then do a more complete review of your application to decide whether you qualify for T visa status. USCIS may send you a “Request for Evidence” (RFE) that tells you to submit additional documents within a certain amount of time. You must send USCIS these items, or items very similar to them, so that they will arrive before the deadline, or else your case can be denied. Once USCIS receives them and does a final review of your case, it will send a notice that your case is either approved or denied.1 If you are granted T visa status, you will also get a work authorization card.2
1 8 C.F.R. § 214.204(o)
2 8 C.F.R. § 214.204(o)(3)
What needs to be included in my T visa application?
**Please note that reading this section is not enough to be sure you are filing everything you need. We strongly encourage you to find an attorney with experience working with trafficking victims to help you.***
The first step is to get a lawyer, if possible, with experience doing T visas. Next, you will fill out, with the attorney’s help, an “Application for T Nonimmigrant Status,” which is called Form I-914. You can find the necessary forms, including the I-914 and I-914 Supplement B, at the U.S. Citizenship and Immigration Services website.
Along with the completed Form I-914, you must send USCIS a personal statement describing how you were a victim of trafficking. You must also send any supporting evidence (“corroboration”) you have to show that you meet the eligibility requirements.1
You are also encouraged to submit a “Law Enforcement Declaration,” which is Form I-914 Supplement B. This form is also known as a law enforcement agency (LEA) endorsement, However, this form is optional. So, you could instead include something else to prove your cooperation with law enforcement or to prove that you are excused (exempt) from this requirement.
In addition, there are other forms and T visa requirements that require an expert in immigration law to do correctly.
1 8 CFR 214.204(c)
What do I need to know about the personal statement and corroboration included in my application?
The personal statement is very important. Because there is no court hearing or interview involved in a T visa application, the written personal statement is the only opportunity you have to tell your story in your own words and for USCIS to hear your “voice.” Your attorney or a crime victim advocate can help you organize your story but it should be in your own words. If you can’t get a law enforcement declaration, you must explain in your statement how you tried to be helpful and what response, if any, you got back from law enforcement. You should also use your statement to explain why you meet the other eligibility requirements, especially if you don’t have a lot of other documents to support your case.
Similarly, if you are seeing a mental health therapist or other counselor to deal with the consequences of the trafficking, a statement from that therapist or counselor may be very helpful. This person can describe both the facts of the trafficking, as you told them to him/her, and how the trafficking affected you. You may not be able to, or may not want to, explain all of this again in your personal statement and so having the therapist or counselor to do that for you may be easier. Trafficking victims are often raped or tortured, and it is reasonable for victims to prefer to supply details of that experience through their therapist or counselor. The goal of the law is to help trafficking victims, not re-traumatize them.
Other evidence that may support your case (“corroboration”) includes any documents or evidence from medical, legal, or social service systems that support your own story and show that you meet the T visa requirements. USCIS likes evidence from other “systems” because those systems have expertise in their areas. USCIS will, however, look at evidence from other sources too, especially if you and your lawyer explain why a source such as your counselor or therapist is believable, trustworthy and knowledgeable.
What do I need to know about the law enforcement agency (LEA) declaration?
Although it is not required, you are encouraged to submit a “Law Enforcement Declaration,” which is Form I-914 Supplement B. This form is also known as a law enforcement agency (LEA) endorsement. A federal, state, or local law enforcement authority can fill it out. A completed Form I-914 Supplement B acts as evidence that you:
- are a victim of a severe form of trafficking; and
- have complied with reasonable requests for assistance in the investigation or prosecution.1
If you were previously granted “continued presence status” as a survivor of human trafficking, you should include the documents you have that show that.2
Law enforcement may decide not to investigate a significant number of trafficking victims’ reports for a variety of reasons. If you can’t get a law enforcement declaration, you must explain in your personal statement the details of your attempts to help law enforcement. Also you should submit any medical, legal, or social systems evidence of your attempts to cooperate.3 For example, you could submit things like trial transcripts, court documents, and police reports.4 This is another situation where an experienced attorney would be necessary. The attorney can help you contact law enforcement to offer your assistance, prepare you to talk to law enforcement, and help “create a record” that you tried to be helpful. The attorney might also have to pester law enforcement for a response. The attorney would document all of this in writing and share the appropriate information with USCIS.
1 8 CFR § 214.204(e); see also Instructions for Form I-914, “Application for T Nonimmigrant Status”
2 8 C.F.R. § 214.204(i)
3 8 C.F.R. § 214.206(a)(3)(ii)
4 8 C.F.R. § 214.206(a)(3)(ii)
What do I need to know about the other forms and requirements for my application?
There are other forms and T visa requirements that require the help of an expert in immigration law to do be sure they are done correctly. It is easy to lose your case just because you didn’t know you had to send in a particular form, you didn’t understand the “lawyer-speak” questions on the forms you did send in, or you didn’t know that past behavior unrelated to your trafficking experience came under one of the “grounds of inadmissibility.” An experienced immigration lawyer will help you avoid these pitfalls and help you plan ahead for all of these barriers before you file. Again, remember that reading this WomensLaw.org section is not enough to file a successful T visa application on your own. To avoid USCIS denying your case and possibly putting you or your family members into immigration court proceedings, it is safer for you and your family to work with an attorney with experience in T visa cases.
To locate a local attorney, please visit our Finding a Lawyer page and enter your state. For national immigration organizations, go to our National Organizations - Immigration page.
How much does it cost to apply for a T visa?
The basic application forms for victims of trafficking, which are called Form I-914, and Form I-914 Supplements A or B, are free. In the past, there were some significant fees for both trafficking victims and their family members applying as derivatives, such as fees to file for a waiver of a ground of inadmissibility, and to apply for family members to get work permits. However, under a law that took effect April 1, 2024, there are now no fees for any of the forms involved with seeking a T visa for yourself or your family, all the way through the end of your application(s) for green cards.1
When I apply for a T visa, can I include my family members?
If requested, the government may also give T visas to close relatives of trafficking victims.1 If the trafficking victim is 21 or older, s/he can ask for T visa status for his/her:
- spouse; and
- unmarried children under 21 years of age.2
If the trafficking victim is under 21, s/he can ask for T visa status for his/her:
- parents;
- unmarried siblings under 18;
- spouse; and
- unmarried children under 21 years of age.3
Under immigration law, “children” includes step-children who were under 18 years old at the time of the marriage between the parent and step-parent.3
Unlike the main T visa applicant (“principal applicant”), family members must apply for work permits; they do not get them automatically when USCIS gives them T visa status.4 There also are separate forms for family member (“derivative”) T visa applications, and the family members must meet certain eligibility requirements themselves.5 For instance, like all T visa applicants, family members may have to explain why USCIS should give them T visa status even if they have done things in the past that Congress has said are barriers to getting status in the U.S. (“grounds of inadmissibility”). Overcoming these grounds of inadmissibility is complicated and very difficult to do without help from an attorney with experience in immigration law.
To avoid USCIS denying your case and possibly putting you or your family members into immigration court proceedings, it is important to work with an attorney with experience in T visa cases. You can go to our Finding a Lawyer page to find a lawyer in your state. You can also ask one of the national immigration organizations on our National Organizations - Immigration page to help find you a lawyer.
1 8 C.F.R. § 214.211
2 8 C.F.R. § 214.211(a)(1)
3 8 C.F.R. § 214.211(a)(2); INA § 101(b)(1); 8 CFR § 214.211(e)(4)(iii), €(4)(iv)
4 8 C.F.R. § 214.11(k)(10)
5 8 C.F.R. § 214.11(k)(2)
Do I need a lawyer to apply for a T visa or can I find the forms online?
You can download the U.S. Citizenship and Immigration Services application forms from the USCIS website. However, we strongly encourage you to contact an immigration attorney to assist you in completing and submitting an application for a T visa to the USCIS.
It is very important that you work with an attorney, or initially with an advocate, who is familiar with T visas. The forms and laws are confusing and you may make a mistake or leave something out that results in USCIS denying your application.
It is important to know that at certain times in the past, USCIS has sometimes put T visa applicants whose cases were denied into immigration court for deportation (“removal proceedings”). Under a new law and the policy of the Biden Administration, this is no longer happening except in very unusual cases.1 Still, the policy could change in the future, so it is safest to contact an immigration attorney before filing an application. To find an immigration attorney, see our Immigration listings under National Organizations and / or our Finding a Lawyer page for a lawyer near you.
1 8 CFR 214.204(b)(3)
Where do I send my T visa application?
You should mail your T visa application according to the Instructions for Form I-914 and USCIS website. The address sometimes changes with little warning, so always check before mailing.
Again, we strongly suggest that it is your lawyer, not you, sending in your application for all of the reasons mentioned throughout this section. If you have a lawyer, all letters and notices for the case will go through the lawyer instead of you. Your lawyer can even email USCIS if an issue arises. If you do not have a lawyer, you will only be able to write to USCIS through the mail or by calling the Customer Contact Center (1-800-375-5283), not by email. You will also be responsible for receiving all mail in the case.
