T visas
Laws, regulations, and policies.
Overview
Like the U visa, the “T visa” provides illegal aliens with a pathway to citizenship if an alien simply alleges to be the victim of crime. Unlike the U visa, however, the T visa is specific to allegations of “human trafficking” with even more relaxed eligibility requirements. Business owners who hire illegal aliens are at heightened risk of T visa fraud.
Disclaimer: Please be aware that immigration law is one of the most complex bodies of law in the U.S. Code. A single fact can make a world of difference in the applicability of certain laws. Professional legal advice is highly advised before relying on these laws in specific matters.
Background
In 2000, Congress passed the Victims of Trafficking and Violence Protection Act of 2000, which established the T visa program for aliens who allege to be victims of human trafficking.
T visas can help detained foreign nationals avoid removal, and can afford them with legal status for up to four years, which can be extended, with a path to citizenship.
Statutes
8 U.S.C. § 1101(T) – T visa eligibility
8 U.S.C. § 1184(o) – T visa petitions
8 U.S.C. § 1255(l) – Adjustment of status for T visa petitioners
8 U.S.C. § 7102(11) – Definition of Trafficking
Regulations
8 C.F.R. § 214.11(b) – T visa eligibility
8 C.F.R. § 214.11(c) – Period of admission
8 CFR § 214.11(d) – Application requirements
8 CFR § 214.11(e) – Bona fide determination
8 CFR § 214.11(f) – Evidence of victimization
8 CFR § 214.11(g) – Physical presence
Describes the evidence required to prove the alien’s physical presence.
8 CFR § 214.11(h) – Compliance with law enforcement requests
8 CFR § 214.11(i) – Extreme Hardship
8 CFR § 214.11(j) – Annual caps
Policies
USCIS Policy Manual
Volume 3 – Humanitarian > Part B – Victims of Trafficking
Chapter 1 - Purpose and Background
Chapter 2 - Eligibility Requirements
Chapter 3 - Documentation and Evidence for Principal Applicants
Chapter 5 - Documentation and Evidence for Family Members
Chapter 6 - Bona Fide Determinations [Reserved]
Chapter 8 - Annual Cap and Waiting List
Chapter 9 - Applicants in Removal Proceedings
Chapter 10 - Duration and Extensions of Status
Chapter 11 - Federal Benefits and Work Authorization
Chapter 13 - Revocation of Status
Chapter 14 - Confidentiality Protections and Prohibitions Against Disclosure
USCIS Policy Alerts
USCIS Guidance on T visas (PA-2021-22)
Guides
T Visa Law Enforcement Resource Guide
Naturalization Fact Sheet for Lawful Permanent Residents Who Had T or U Nonimmigrant Status