Legal Information: Federal

Immigration

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When I apply for a T-visa, can my immediate family members be included on my application?

Yes.  T-visa status is available for certain qualifying family members of a T-visa applicant – it’s called derivative T-visa status.  The following family members could qualify:

If you are under 21 years old, you can apply for T-visa status for your:

  • Spouse;
  • Unmarried children under 21 years of age;
  • Parents; and/or
  • Unmarried sisters or brothers under the age of 18.

If you are over 21 years old, you can apply for your:

  • Spouse; and/or
  • Unmarried children under the age of 21.

To apply for T-visa status for a family member, you must fill out and submit an “application for immediate family member of T-visa recipient,” known as a Form I-914 Supplement A.  A “T-visa recipient” means someone who has been granted a T-visa but you don’t have to wait until you get the T-visa to apply for your family members.  You may file the I-914, Supplement A at the same time that you file your application for a T-visa, or you can file it at a later time.

Employment authorization is not automatic for derivative T-visa status.  If you need employment authorization for your immediate family members, you will need to complete a Form I-765, Application for Employment Authorization in addition to Form I-914 Supplement A.

Note: When a spouse obtains derivative T-visa status, it is sometimes called T-2 status.  When a child receives derivative T-visa status, it is sometimes called T-3 status.  When a parent receives T-visa status, it is sometimes called T-4 status.

* 8 C.F.R. § 214.11(o)