Requirement 3: You would suffer extreme hardship if removed or forced to leave.
In the above question called Am I eligible for a T-visa?, we list the requirements that you have to meet to be eligible to apply for a T-visa. In this section, we explain the third requirement in detail.
Requirement 3: You would suffer extreme hardship if removed or forced to leave. What is considered to be “extreme hardship?”
T-visas are only available to trafficked persons who would face “extreme hardship” (unusual and extreme harm) if forced to return to their native countries. To show extreme hardship, you must show more than economic harm (i.e., not having enough money to survive) or social harm (i.e., being considered not suitable for marriage or employment). Just proving one of these will not be enough. Generally, you will need to show a “likelihood” of serious physical or psychological harm. Note: “Likelihood” means more than a possibility; it means that serious physical or psychological harm is probable.1
Factors considered in determining whether you will suffer extreme hardship if forced to leave the United States include:
- Your age and your particular situation;
- Medical needs (for serious physical or psychological illness);
- Whether the government in your native country will prosecute the crimes committed against you;
- Whether the government in your native country provides protection from human trafficking and the likelihood that you will be victimized again;
- Whether you would be severely punished when you return to your country (by the government, traffickers, or because of social practices) for having been trafficked; and
- Whether your country is dangerous because of war or civil violence.1
1 8 C.F.R. § 214.11(i)