If you or a loved one is seeking to stay in the United States under a T-1 Visa, the New York immigration lawyers at Pozo Goldstein can help.

Are you seeking a T-1 nonimmigrant visa in the United States? This visa is designed to help victims of human trafficking enter the U.S. under nonimmigrant status. Generally speaking, human trafficking (also called trafficking in persons) is a form of slavery. Traffickers typically lure victims into human trafficking by offering them false promises of a better life. These schemes usually involve promises of employment or other financial opportunities. In the United States, victims of severe human trafficking may stay the country under T-1 nonimmigrant status. In order to qualify for this type of visa, the victim must be physically present in the United States because of human trafficking. Individuals who are currently outside of U.S. borders will not be granted T-1 nonimmigrant status.

Do you qualify for T-1 nonimmigrant status?

In order to obtain T-1 nonimmigrant status, you must be physically present in the U.S., a U.S. port of entry, American Samoa or the Commonwealth of the Northern Mariana Islands. Additionally, you must have been brought to one of these locations as a victim of human trafficking. To apply for T-1 Status, you may file a Form I-914, Application for T nonimmigrant Status. This form must be filed with the U.S. Citizenship and Immigration Services (USCIS).

T Visas for Eligible Family Members

During the T-1 visa application process, you may also be able to apply for certain family members to come to the United States. These family members will apply for T-2, T-3, T-4, or T-5 nonimmigrant visas. When determining which family members may be eligible for a T Visa, USCIS will use criteria based on the age of the T-1 visa holder. Depending on your age, you will be able to apply for the following family members:

  • Under Age 21 – Spouse (T-2), Children (T-3), Parents (T-4), Unmarried siblings under 18 (T-5)
  • Age 21 or Older – Spouse (T-2), Children (T-3)
  • Any Age (if your family members face dangers of retaliation as a result of your escape from trafficking or corporation with U.S. government – Parents (T-4), Unmarried siblings under 18 (T-5)
  • The United States government understands the struggles and dangers trafficking victims and their families can face. As such, they provide several pathways for obtaining legal entry into the country and protection from retaliation or danger. Eligible family members will need to have the primary T-1 visa holder apply with the USCIS on their behalf. Family members will also be required to supply various documentation, identification, fingerprints, and applicable forms and fees. First, they must fill out an online Nonimmigrant Visa Electronic Application, Form DS-160. The application must be completed online. Additionally, a hard copy of the application must be printed and brought to the visa interview. Family members are also required to provide a valid passport and photo. Finally, family members of T-1 victims of human trafficking must file form I-797, Notice of Action. Our legal team can assist you with understanding the requirements when applying for a T visa for a family member and can guide you step by step through the process.

    New York Immigration Attorney

    At the firm, we are experienced in a wide-variety of immigration practice areas, including visas, deportation defense and appeals. Combined, our attorneys have more than five decades of legal experience behind them. With more than 90 years of legal expertise on your side, you can have peace of mind knowing that a skilled representative is on your side. Contact Pozo Goldstein, LLP today to see what an attorney from our firm can do for you, or fill out an online case evaluation form to give us more information about your case. If you’ve been denied T-1 status or simply need help navigating the tedious application process, the New York immigration attorneys from our firm can help. Contact us today!