What Is a T Visa and Who Qualifies in the United States?

Lisinski Law Firm

The T Visa is a humanitarian immigration visa designed to protect and help victims of certain types of mistreatments, providing a pathway to obtain lawful immigration status from within the United States. In our experience as immigration attorneys, we have seen that the most common types of mistreatment for a T Visa happen in the workplace, at home, or by a coyote. The case focuses on situations involving mistreatment resulting from human trafficking—a common issue affecting the immigrant community—and allows eligible individuals to pursue legal status, even if they have negative factors in their immigration history.

Who Qualifies for a T Visa?

At Lisinski law Firm, we have seen that victims of human trafficking involving threats, fraud, force, or coercion for commercial sex trafficking, involuntary servitude, or slavery may qualify for a T Visa. According to USCIS, other primary T Visa requirements include:

Being physically 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 if removed from the United States.

The Three Most Common Situations We See in T Visa Cases

Mistreatment at Work

Unfortunately, many of our clients have have been through situations of workplace mistreatment. These range from verbal harassment, threats to call immigration authorities, and discrimination to the lack of fair payment. To meet the requirements for a T Visa, the applicant must show that they were not properly paid for the work they performed, in addition to experiencing other types of abuse such as those described above. Failure to receive fair wages may include situations such as:

The employer did not pay the amount originally agreed upon.

The employer did not pay overtime wages.

The employer did not pay the employee at all.

For a T Visa case, it does not matter if these events happened many years ago or if the applicant believes they have no evidence—our experience shows that, under USCIS policies, a personal declaration may be sufficient evidence to qualify.

Mistreatment at Home

After filing thousands of T Visa cases, we know that many people find themselves in difficult situations at home without the ability to seek a safer place to live. The T Visa recognizes mistreatment at home primarily in cases involving domestic violence and forced labor. If someone is threatened or physically abused in order to force them to work in the home, they may qualify for the T Visa. The abuser’s immigration status or relationship to the victim does not matter. Unlike a VAWA case, the T Visa applies to situations of abuse without requiring a qualifying family or marital relationship.

Mistreatment by a Coyote

Many people enter the United States with the assistance of a coyote and, unfortunately, experience abuse during the journey. A T Visa case may be based on mistreatment by a coyote, particularly if the coyote forced the individual to work during or after the trip. This type of forced labor is a direct result of human trafficking and satisfies one of the primary requirements for a T Visa.

“We must show that the coyotes made the applicant work in a certain way. For example, it is very common among our clients to have been forced to perform domestic labor such as cooking for others, cleaning the house for others, working in a field, or something similar.”

Angel Lisinski, CEO and Founding Attorney at Lisinski Law Firm

We understand that these situations can cause significant trauma and pain for victims. At Lisinski Law Firm, we have proven experience handling T Visa cases with professionalism and compassion. Our priority is to pursue solutions for every person who dreams of achieving lawful status.

You are not alone in this process, contact us for support.

Required Documentation for a T Visa Case

“The application process for the T Visa is very easy. We don’t need a lot of evidence for this case. In fact, the applicant’s testimony about what happened, in detail, could be enough in the majority of cases.”

Angel Lisinski, CEO and Founding Attorney at Lisinski Law Firm

We have successfully handled cases where the mistreatment occurred years earlier, as the vast majority of people apply for a T Visa long after entering the United States and working under difficult conditions. Documentation for a T Visa case may include:

Form I-914, Application for T Nonimmigrant Status.

A written personal declaration describing the abuse and demonstrating that the applicant meets the eligibility requirements.

Evidence showing that the applicant is admissible to the United States or, if inadmissible, Form I-192.

In many cases, a police report documenting the mistreatment is not required. A personal declaration may be sufficient evidence to present a strong case. Additionally, the T Visa process does not require an interview with immigration officers.

Main Benefits of the T Visa

The T Visa offers immigration benefits such as:

The ability to remain in the United States for at least four years.

Protection from deportation during the period of T nonimmigrant status.

The opportunity to obtain a work permit, even while waiting for the final decision on the case.

The ability to include certain qualifying family members as derivative beneficiaries.
The opportunity to apply for lawful permanent residence (a Green Card) after maintaining T Visa status for three years.

“The T Visa waiver is very strong, and the case may be useful for people with more than one illegal entry, prior deportations, apprehensions, or other negative things in their immigration history.”

Angel Lisinski, CEO and Founding Attorney at Lisinski Law Firm

Every T Visa case is unique, and the benefits available to each applicant may vary depending on their individual circumstances.

To stay informed on immigration matters, follow Attorney Angel on social media.

T Visa Application Process

“Many times, when other attorneys say no, we say yes.”

Angel Lisinski, CEO and Founding Attorney at Lisinski Law Firm

We understand the application process extensively and have helped many people fix papers through the T Visa, even in tough cases. The process for obtaining a T Visa may vary depending on each person’s circumstances, but it generally includes the following steps:

Step 1: File Form I-914

The first step is to complete and submit Form I-914, Application for T Nonimmigrant Status, to USCIS. Along with the application, the applicant must provide evidence showing that they were a victim of human trafficking and that they are present in the United States as a result of that trafficking. The required documentation will depend on the specific circumstances of the case.

Step 2: Wait for USCIS's Decision

After the application is submitted, USCIS will review all the information and supporting evidence provided. In some cases, USCIS may request additional evidence before making a decision. If the petition is approved, the applicant may become eligible for the immigration benefits available through T Visa status. If it is denied, legal options to appeal may be available depending on the circumstances.

Step 3: Apply for a Work Permit

Eligible individuals may apply for an Employment Authorization Document (EAD) by filing Form I-765. In some cases, this application may be submitted to obtain work authorization while the case remains pending.

Step 4: Apply for Lawful Permanent Residence (Green Card)

After maintaining T Visa status for the period required by law, generally three years, certain individuals may become eligible to apply for lawful permanent residence (a Green Card) by filing Form I-485, provided they meet the requirements established by USCIS.

At Lisinski Law Firm, we have proven experience helping people win papers through the T Visa. If you are ready to find out whether you qualify, call us.