Immigration

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

1. 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;
2. been a person of “good moral character” since first being granted T visa status;
3. 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
4. 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)