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Legal Information: Federal

Immigration

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Updated: 
June 7, 2019

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

T-visa status is available for certain qualifying family members of a T-visa applicant – it’s called derivative T-visa status.1 The following family members could qualify:

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

  • spouse;
  • children;
  • parents; and/or
  • unmarried sisters or brothers under the age of 18.2

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

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 granted a T-visa, but you do not 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.4

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.5

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.

1 8 C.F.R. § 214.11(k)(1)
2 8 C.F.R. § 214.11(k)(1)(ii)
3 8 C.F.R. § 214.11(k)(1)(i)
4 8 C.F.R. § 214.11(k)(2)
5 8 C.F.R. § 214.11(k)(10)

How much does it cost to apply for a T-visa?

Here is a list of the possible forms that a person may need to file and the costs (if any) of each.

  • There is no application fee for Form I-914 or Form I-914 Supplements A or B.
  • There is no biometric (fingerprint) fee.
  • There is a $410 fee for Form I-765, Employment Authorization Document (EAD), plus an $85 biometric services fee, for each family member for whom you are seeking derivative T-visa status. It is possible to waive this fee upon a showing of financial hardship.
  • There is a $930 fee for Form I-192 (to waive grounds of inadmissibility). The fee may be waived upon a showing of financial hardship.1

Note: These costs are accurate as of May 2019.

1 USCIS website - Forms

Do I need a lawyer to apply for a T-visa?

It is very important that you work with an attorney (or initially with an advocate) familiar with T-visas. The forms and laws are confusing and you may make a mistake or leave something out that results in USCIS denying your application. Because applicants who are unlawfully present in the United States are subject to removal (deportation) if their applications are denied, we strongly encourage you to contact an immigration attorney before filing an application. To find an immigration attorney, see our Immigration listings under National Organizations and / or our Finding a Lawyer page for a lawyer near you.