U.S. Visas: T-1

A T-1 is a visa issued to individuals who are victims of severe forms of trafficking in persons.

What are the Requirements for a T-1 Visa?

To qualify for T-1 nonimmigrant status, an applicant must demonstrate that he/she:

1. Is physically present in the United States, American Samoa or the Commonwealth of the Northern Mariana Islands as a result of trafficking;
2. Is a victim of severe form of trafficking in persons;
3. Would suffer extreme hardship involving unusual and severe harm if removed from the U.S.; and
4. Has complied with any reasonable request for assistance in the investigation and prosecution of acts of trafficking in persons, unless the applicant is less than 15 years old.

To establish that he or she is a victim of severe form of trafficking in persons, the applicant must demonstrate that he or she was brought to the United States either:

1. For the purpose of a commercial sex act, which act was either induced by force, fraud or coercion, or occurred when the applicant had not reached 18 years of age; or
2. For the purpose of labor or services induced by forces, fraud, of coercion for the purpose of subjecting the applicant to involuntary servitude, peonage, debt, bondage or slavery.

How Long Is The T-1 Visa Valid?

A T-1 visa is granted for a maximum of 4 years. It is generally cannot be extended unless a law enforcement official certifies that the individual’s presence is necessary to assist in the investigation or prosecution of trafficking activity. After 3 years in T-1 status, assuming certain conditions are met, the individual may be eligible for adjustment of status.

Can Applications for Dependents be Filed?

Yes; the primary applicant may include eligible family members (spouse and/or child) on their initial application or alternatively, an application can be made by the family member at a later date.