Immigration

In the question called What must I prove to be eligible for a T visa?, we list all of the requirements that you have to meet to be eligible to apply for a T visa. In this section, we explain the second requirement in detail.

This requirement can be summarized by saying you must do two things. First, you must contact a law enforcement agency about the trafficking, such as:

• the police;
• a labor law agency, such as federal or state department of labor, or the EEOC; or
• a child or vulnerable adult protective services agency.

Second, if that agency asks you to do any reasonable requests, you must follow those requests until the case is done.

It is important to know that you do not need to prove this requirement if:

• you were under 18 when any of the trafficking occurred. Minors do not have to contact or cooperate with authorities – although you can if you want to;¹ or
• you have suffered psychological or physical trauma, and are unable to cooperate with law enforcement because of that trauma. In this case, you may qualify for the “trauma exception” to this requirement.²

Everyone else must show that they at least tried to be helpful with any “reasonable requests” from law enforcement.³ 

Whether a request is “reasonable” or not depends on the particular situation, considering things like:

• general law enforcement practices – in other words, what law enforcement usually does when catching and prosecuting criminals;
• your experiences – in other words, what the trafficker exposed you to, did to you, or made you do; and
• your circumstances regarding fear, physical and mental trauma, cultural or moral objections to the request, and your age and maturity.⁴

For example, if law enforcement asks you to do something that puts your life in jeopardy, this could be seen as an unreasonable request. However, it is ultimately up to USCIS to decide if what law enforcement asked you to do is reasonable or not.

If you are working with law enforcement, the easiest way to prove you fulfill this requirement is with the law enforcement declaration. If, however, law enforcement has asked you to do something unreasonable, you can still prove you meet this requirement in other ways, if you show you were willing to provide other help.

Note: USCIS does not require your reporting or cooperation to lead to any particular result. For example, you are equally eligible for a T visa if:

• you only offer to tell your story to police, and they never interview you;
• you do many interviews, testify in court, and get to see the person who trafficked you sentenced for their crime; or
• the trafficker manages to escape arrest or is not found guilty at court.

This requirement focuses only on things in your control: contacting a law enforcement agency and never refusing to assist them in any reasonable requests they make.

To better understand and prepare for this cooperation requirement, and to avoid USCIS denying your case in general, it is safer for you and your family to work with an attorney with experience in T visa cases. Use our Finding a Lawyer page to find a lawyer in your state. You can also ask one of the national immigration organization on our National Organizations - Immigration page to help find you a lawyer.

¹ 8 USC § 1101(a)(15)(T)(i)(III)(cc); 8 C.F.R. § 214.208(e)(2); 8 C.F.R. § 214.208(f)
² 8 U.S.C. § 1101(a)(15)(T)(i)(III)(bb); 8 C.F.R. § 214.208(e)(1); 8 C.F.R. § 214.208(f)
³ 8 U.S.C. § 1101(a)(15)(T)(i); 8 C.F.R. § 214.208(c)
⁴ 8 C.F.R. § 214.208(c)