What must be included in the T-visa application?
When you or your lawyer file your completed Form I-914, you will need to submit supporting evidence, in the form of documents, affidavits, etc., that demonstrate that you meet the requirements for obtaining a T-visa.
1) To prove that you are the victim of a severe form of trafficking, you can submit an endorsement from a law enforcement agency (LEA) on Form I-914 Supplement B, along with the Form I-914. The Supplement B form is considered "primary evidence" that a person is a survivor of a severe form of human trafficking. If you do not have an LEA endorsement (Form I-914 Supplement B), you can submit "secondary evidence," which can include your statement, affidavits of other witness, transcripts, court documents, police reports, medical reports, etc. If available, you should also include any documents that show you were granted "continued presence status" as a survivor of human trafficking.
2) To prove that you are in the United States, a U.S. Territory, American Samoa, or a port of entry into the United States, a U.S. territory, or American Samoa because of human trafficking, you do not necessarily need to file additional documents. However, you will want to be sure that the documents and statements that you submit include the following information:
- when, where, and how you arrived;
- why you were trafficked;
- that you are in the United States, a U.S. Territory, American Samoa, or a port of entry into the United States, a U.S. territory, or American Samoa because of your victimization; and
- if you escaped from your traffickers before you contacted law enforcement, proof that you did not have a clear chance to leave the United States due to circumstances such as trauma, injury, lack of resources, and lack of travel documents that were seized by the traffickers.
Note: If you voluntarily left the United States any time after the severe act of trafficking, USCIS will not consider you as “being present” because of trafficking, unless your re-entry into the U.S. was the result of ongoing victimization or a new incident of severe trafficking.
3) To prove that you would suffer extreme hardship involving unusual and severe harm upon removal from the United States, evidence of the following may be included:
- your age and personal circumstances;
- any serious physical or mental illness that requires special attention that is not available in the foreign country;
- the nature and extent of the trauma suffered as a result of your victimization;
- the impact of losing access to the U.S. courts and criminal justice system;
- stigmatization due to being the victim of trafficking;
- the likelihood of re-trafficking; and/or
- the presence of civil unrest or civil conflict.
4) This section only applies to victims of severe trafficking who are 18 years of age or older: To prove that you have cooperated with reasonable requests from law enforcement, you may submit the following documents:
- an endorsement from a law enforcement agency (LEA) on Form I-914 Supplement B;
- statements from state and local law enforcement; and/or
- evidence that shows that you are seeking or have sought law enforcement assistance.
5) Miscellaneous documents and additional forms: Additionally, depending on your circumstances, you may require one or more of the following forms:
- If you are inadmissible because of grounds specified in INA Sec. 212, you should file a Form I-601 "Application for Waiver on Grounds of Inadmissibility."
- If you are inadmissible (because you are currently outside of the United States and require advance permission to enter the United States), you should file Form I-192 “Application for Advance Permission to Enter as Nonimmigrant.”
- If you are also applying on behalf of derivative family members and would like to get employment authorization for them, you will need to file a Form I-765. (You do not need to file Form I-765 to receive an employment authorization document for yourself because you get it automatically if your T-visa is approved.)1
1 8 C.F.R. § 214.11; See also Instructions for Form I-914, “Application for T Nonimmigrant Status”