What counts as trafficking for a T visa?

The law covers both sex trafficking and labor trafficking. For sex trafficking, the relevant standard involves a commercial sex act induced through force, fraud or coercion, or a commercial sex act involving a person under 18. Labor trafficking involves force, fraud or coercion used to obtain labor or services for involuntary servitude, debt bondage, peonage or slavery.

The under-18 exception to proving force, fraud or coercion concerns commercial sex trafficking. It is not a blanket exception for every labor-trafficking case involving a minor. An attorney should assess the facts rather than relying on a label such as “bad employer” or “unfair wages.”

Official sources: State Department overview · 8 CFR 214.206

Who may qualify for T nonimmigrant status?

An applicant must establish that they experienced a severe form of trafficking, meet the physical-presence requirement, comply with reasonable law-enforcement requests or qualify for an exemption or exception, and show extreme hardship involving unusual and severe harm if removed. Admissibility issues and any required waiver must also be assessed.

These are separate requirements. Neither a police report nor a history of trafficking automatically establishes the entire case. This overview is a starting point for an individual assessment, not a complete eligibility checklist.

Official sources: 8 CFR 214.202 · 8 CFR 214.204

Does trafficking have to be the reason I entered the United States?

Not necessarily. Trafficking can occur after someone enters the United States. USCIS examines qualifying physical presence on account of trafficking at the time of application. The rules address people currently experiencing trafficking, survivors who escaped or were liberated, and certain other circumstances.

For past trafficking, the connection between the survivor’s current presence and the trafficking matters. Time since the events, their ongoing effects and any departures or reentries need careful review. Crossing a border is not required for conduct to be trafficking, but a principal T-status applicant must meet the specific physical-presence rules.

Official sources: 8 CFR 214.207

Do I have to report the trafficking or testify?

Unless an exemption or exception applies, the regulations require contact with an appropriate law-enforcement agency to report the trafficking and compliance with reasonable requests for assistance. They do not impose a universal requirement that every applicant testify at a trial. What is reasonable depends on the circumstances.

The age exemption concerns a survivor who was under 18 when at least one trafficking act occurred; it is not limited to people still under 18 when applying. A separate exception concerns inability to cooperate because of physical or psychological trauma. Fear or difficulty alone should not be assumed to establish that exception.

A law-enforcement declaration on Form I-914, Supplement B is optional. The regulations do not give it special evidentiary weight. USCIS decides eligibility and considers other credible evidence. An attorney can help assess reporting, requests for assistance and documentation of an applicable exception.

Official sources: 8 CFR 214.208 · 8 CFR 214.204

Does applying stop deportation or let me work immediately?

Filing a T-status application alone does not grant T status, immediate employment authorization or an automatic stay of a final removal order. A later USCIS bona fide determination is a separate decision. Under the T-status regulations, that determination automatically stays execution of an existing final removal, deportation or exclusion order; it is not the same as a filing receipt or final T-status approval.

Employment authorization and any other interim protection require their own applicable decisions and conditions. If you have a hearing, reporting requirement, final order or deadline, have an attorney review it promptly. Do not assume that submitting an application or booking a consultation changes those obligations.

Official sources: 8 CFR 214.204 · 8 CFR 214.205

What can approved T status provide?

Principal T status can initially be granted for up to four years. Extensions are available only under applicable requirements. Approved status and the employment-authorization rules should be reviewed together; a pending application should not be described as permission to work.

Certain relatives may qualify for derivative T status. The permitted relationships depend on the principal applicant’s age and other rules; some categories require a showing of present danger of retaliation. Family members do not receive status automatically merely because the principal applies or is approved.

Official sources: 8 CFR 214.203 · 8 CFR 214.211

Can a T-status holder apply for a green card?

Potentially, through a separate adjustment-of-status application. For a principal applicant, the physical-presence route generally requires three continuous years after admission in T-1 status. A shorter period can qualify when the investigation or prosecution is complete as determined by the Attorney General or designee, and the applicable conditions are met.

The applicant must also satisfy the other adjustment requirements, including continued T-1 status when applying, admissibility or an applicable granted waiver, good moral character, and the cooperation requirement or an applicable alternative or exception. USCIS also considers discretion. Three years passing does not automatically produce a green card.

Official sources: 8 CFR 245.23

What should I prepare for a case evaluation?

If available, have a basic timeline of events, immigration notices and previous filings ready. Relevant records may include messages, work or payment records, identity documents, statements from people with knowledge of the events, and medical or support-service records. An attorney can identify what evidence fits the individual requirements; you do not need to decide the immigration category before contacting our team.

Taghavi Immigration Law is headquartered in Henrico, serving Richmond, Chesterfield and clients throughout Virginia, across the United States and abroad. Book a phone or video case evaluation through our website. Our team will follow up to screen the inquiry or send a questionnaire before the meeting. All office visits and document drop-offs are by appointment only.

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Related resources: U-visa information · Removal defense · Richmond-area headquarters

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