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Legal Information: Federal

Immigration

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Updated: 
June 7, 2019

Am I eligible for a T-visa?

You may be eligible for a T-visa if you meet all of the following four requirements:

  1. You are or have been the victim of a severe form of human trafficking;
  2. You are in the United States, a U.S. territory, American Samoa, or at a port of entry to the United States, a U.S. territory, or American Samoa because of human trafficking;
  3. You would suffer extreme hardship if removed or forced to leave; and
  4. You satisfy one of the following conditions:
  • You have cooperated and are willing to cooperate with reasonable requests for assistance by federal, state, or local law enforcement in investigating or prosecuting crimes related to human trafficking;
  • You are excused by the attorney general from failing to cooperate with reasonable requests for assistance by federal, state, or local law enforcement in investigating or prosecuting crimes related to human trafficking because of physical or psychological trauma; or
  • You are under 18 years of age.1

Note: These above requirements are defined and explained in more detail in the next section, Explanation of eligibility requirements.

1 8 U.S.C. § 1101(a)(15)(T)(i); 8 C.F.R. § 214.11(b)

I think I am eligible for a T-visa. Will I definitely get one if I apply?

The limit on the number of T-visas available nationally each year is 5,000.1 Usually, that limit is not reached; however, if the limit is reached, you could be denied a T-visa even if you satisfy all of the requirements. If you are otherwise qualified to receive a T-visa, but are denied one because of the limit, then you will be placed on a waiting list.2 For more information on how to apply for a T-visa, see How do I apply for a T-visa?

1 8 C.F.R. § 214.11(j)
2 8 C.F.R. § 214.11(d)(9)