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 third requirement in detail.

You must prove that you are in the U.S. because of labor or sex trafficking that involved force, coercion, or fraud. You do not necessarily need to have been trafficked into the country, although that is one scenario that would qualify. If you came to the U.S. on your own and then sometime later you were forced or tricked into labor or prostitution, you may still meet this eligibility requirement.¹ 

As long as you are here because you were trafficked into or within the U.S., its territories, or American Samoa, you may be able to get T visa status even if you are no longer being forced to work or provide sex acts. This is especially true if you recently escaped or were released from the trafficking situation. If you escaped the trafficking a long time ago, you must show you are still in the United States because of the severe trafficking you experienced. For example, if you are frightened to leave the U.S. because the traffickers are threatening to hurt you in your homeland, you may be able to get T visa status even though you are no longer under their physical control. Similarly, if you experienced serious trauma or other harm because of the trafficking situation and have not been able to access victim services to recover yet, but are planning to start, you may also be able to get a T visa as someone still in the US because of the effects of trafficking. 

A key to meeting this requirement is that, in general, you must avoid leaving the United States for any reason after exiting the trafficking. Even if the reason you leave the country is that you are deported against your will, you will be unable to meet the requirement to be “currently present because of trafficking.” This is why it is extremely important to try to defend yourself against deportation if you are placed in removal proceedings, or to at least ask the judge to allow extra time for your T visa application to be decided. Otherwise, if you physically leave the U.S., the only way your T visa can still be approved is if you are either:

1. further victimized by your trafficker(s) in a way that requires you to reenter the U.S.;
2. brought back to the U.S. by law enforcement to participate in a case against your trafficker(s); or
3. the victim of a new incident of trafficking.²

The requirement to be in the U.S. because of trafficking can be hard to prove without a lawyer’s help, unless you recently escaped the trafficking or were freed from it by law enforcement. In general, 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. See our Finding a Lawyer page for free and paid legal services.

¹ 8 C.F.R. § 214.207
² 8 C.F.R. § 214.11(g)(2)