What needs to be included in my T visa application?
**Please note that reading this section is not enough to be sure you are filing everything you need. We strongly encourage you to find an attorney with experience working with trafficking victims to help you.***
The first step is to get a lawyer, if possible, with experience doing T visas. Next, you will fill out, with the attorney’s help, an “Application for T Nonimmigrant Status,” which is called Form I-914. You can find the necessary forms including the I-914 and I-914 Supplement B at the U.S. Citizenship and Immigration Services website.
Along with the completed Form I-914, you must send USCIS a personal statement describing how you were a victim of trafficking; and supporting evidence (“corroboration”) to show that you meet the eligibility requirements.1
You are also encouraged to submit a “Declaration of Law Enforcement Officer for Victim of Trafficking in Persons,” which is Form I-914 Supplement B. This form is also known as a law enforcement agency (LEA) endorsement.
In addition, there are other forms and T visa requirements that require an expert in immigration law to do correctly.
Note: Your personal statement and other documents must show that you are in the U.S. because of the trafficking. This means that you must show: (1) you are here in the U.S.; and (2) the circumstances of your entry. If you weren’t physically trafficked into the U.S., you must explain how the trafficking caused you to be here (the “because of” requirement). Some questions that USCIS will be looking for in your T visa application are:
- If you had the chance to leave the U.S. already, why didn’t you?
- What acts or threats or other circumstances related to the trafficking prevented you from leaving the U.S.?
All of your reasons must be related to the trafficking experience or threats and acts by the trafficker. For example, you may have been prevented from leaving due to trauma, injury, lack of resources, or because your travel documents were seized by the traffickers. If you did leave the U.S. and come back, your return to the U.S. must be because of ongoing victimization or a new incident of severe trafficking. If not, USCIS will deny your application.