The T-1 visa is a nonimmigrant visa designed to protect individuals who have been victims of human trafficking and are assisting U.S. law enforcement authorities in the investigation or pros-ecution of human trafficking crimes. This visa offers a pathway for victims to remain in the United States while they cooperate with law enforcement and begin the process of rebuilding their lives. To qualify for the T-1 visa, applicants must demonstrate that they have been traf-ficked into the U.S. for labor or sexual exploitation, and they must be willing to assist in the in-vestigation or prosecution of their traffickers.
To apply for the T-1 visa, applicants must complete Form I-914, Application for T Nonimmigrant Status, and submit it to U.S. Citizenship and Immigration Services (USCIS). In addition to the completed application, victims must provide evidence of their trafficking situation, such as documentation from law enforcement or other authorities, and they must prove that they are will-ing to cooperate with the investigation. The application should also include personal identifica-tion documents and, if applicable, proof of any criminal activity related to the trafficking. USCIS will review the application and, if approved, the applicant will be allowed to stay in the U.S. for a specified period, typically up to four years.
Upon approval of the T-1 visa, the holder is granted legal status in the U.S. and may apply for work authorization. The T-1 visa also provides protection for the applicant's immediate family members, including spouses, children, and in some cases, parents, who may also receive deriva-tive T status. Additionally, T-1 visa holders may be eligible to apply for a green card (permanent residency) after three years of continuous presence in the U.S. Given the complexity of the ap-plication and the sensitive nature of the case, it is essential for applicants to consult with an im-migration attorney to ensure a smooth and correct application process.
