What Does the T Visa Waive and What Could a Person Receive?

Lisinski Law Firm

The T Visa offers a broad waiver for certain immigration violations and crimes on a person’s record. In our experience representing clients in humanitarian cases, this can be one of its most important benefits. For people who believed they had no immigration options available because of their immigration or criminal history, the T Visa may provide a new opportunity to obtain lawful status in the United States.

“The T Visa can help people with more than one illegal entry, prior deportations, apprehensions, or other negative issues in their immigration history. But it can also help people with negative issues in their criminal history, including felonies.”

Angel Lisinski, CEO and Founding Attorney of Lisinski Law Firm

What Are the Main Benefits of the T Visa?

The main benefits of the T Visa are:

Employment Authorization: Also known as a work permit, this document allows a person to work legally in the country. In certain cases, the work permit may be issued before the final approval of the case.
Social Security: A document required for certain official procedures that provides access to retirement and disability benefit programs, among others.
Protection from Deportation: During the period of T nonimmigrant status, the person is protected from deportation.
Derivative Family Members: Depending on the applicant’s age at the time the case is filed, spouses, children (married or unmarried), unmarried siblings, and parents may potentially be included as T Visa derivatives.
Adjustment of Status: The possibility of applying for lawful permanent residence (Green Card) after meeting the applicable time period and other requirements.

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What Crimes Can the T Visa Waive?

In certain cases, a person applying for a T Visa may request a waiver for certain grounds of inadmissibility, including:

Unlawful Entries: Multiple entries into the United States without authorization.

Deportation Orders: Prior deportations, including in absentia removal orders.

Permanent Bar: Applies to people who remained in the country without legal status for more than one year, left the country, and attempted to return without authorization. This bar requires waiting 10 years outside the country before being able to regularize immigration status.

Fraud: Lying to an immigration officer or providing false information.

False Claim to Status: Falsely claiming to be a U.S. citizen or lawful permanent resident.

Felonies: Certain complex crimes, including some related to drugs, prostitution, or violence.

There is no official list of crimes that guarantees the approval of a waiver. However, depending on the specific circumstances of the case, especially the relationship between the offense and the human trafficking situation, USCIS may consider waiver requests involving different types of criminal history, including:

Felonies Related to Theft: Grand theft, burglary, receiving stolen property, or certain fraud offenses.

Fraud and Forgery Offenses: Felony fraud, offenses involving the use of another person’s identity, or document forgery.

Drug-Related Offenses: Certain controlled substance convictions may result in inadmissibility but could potentially fall within the T Visa waiver framework when the legal requirements are met.

Felony Assault Offenses: Aggravated assault or other violent crimes. However, violent or dangerous crimes are subject to much stricter scrutiny.

Robbery and Other Violent Crimes: USCIS generally requires extraordinary circumstances to exercise favorable discretion unless the criminal activity was caused by or related to the human trafficking situation.

Offenses Related to Prostitution or Unlawful Commercial Activities: Particularly relevant when the conduct occurred as part of the human trafficking situation.

Every case is unique, and certain felony convictions may be eligible for a waiver depending on the offense, its relationship to the human trafficking situation, and USCIS’s discretionary decision.

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What Evidence is Needed for a T Visa Case?

For a T Visa case, the applicant needs to present:

Form I-914, Application for T Nonimmigrant Status.
A written personal statement describing the abuse and demonstrating that the applicant meets the eligibility requirements.
Evidence that the applicant is admissible to the United States or, if inadmissible, Form I-192.

In many cases, a police report is not an essential requirement. USCIS recognizes that the applicant’s personal statement may be sufficient evidence to present a strong case. The personal statement may also serve as evidence that immigration violations and felonies committed by the applicant were related to the human trafficking situation.

What Are the T Visa Requirements?

People who have been victims of certain forms of human trafficking, such as sex trafficking or labor exploitation through force, fraud, or coercion, may qualify for the T Visa if they meet the other applicable requirements. Other T Visa requirements include:

Being currently present in the United States as a result of human trafficking.
Complying with reasonable requests for assistance from law enforcement authorities (except for minors or trauma survivors who are unable to cooperate).
Demonstrating that they would suffer extreme hardship involving unusual and severe harm if removed from the United States.