Visas for Victims of Human Trafficking

Human trafficking, also known as trafficking in persons, is a form of modern-day slavery

Foreign citizens seeking T-1 nonimmigrant status must be physically present in the
United States already, due to human trafficking. Therefore, U.S. Embassies and
Consulates abroad (outside the United States) do not issue T-1 visas, but may issue
qualifying family members T (derivative) visas. The purpose of this webpage is to
explain the visa application process at U.S. Embassies and Consulates abroad for
family members of trafficking victims.

T Visas for Immediate Family Members - How to Apply

There are several steps to apply for a visa. The order of these steps and how you
complete them may vary at the U.S. embassy or consulate where you apply. Please
consult the instructions available on the embassy or consulate website where you will
apply.

Complete the Online Visa Application

 Online Nonimmigrant Visa Application, Form DS-160 – Learn more about completing
the DS-160. You must: 1) complete the online visa application and 2) print the
application form confirmation page to bring to your interview.
 Photo – You will upload your photo while completing the online Form DS-160. Your
photo must be in the format explained in the Photograph Requirements.

Schedule an Interview

If your Form I-914, Supplement A, Application for Immediate Family Member of T-1
Recipient, is approved by USCIS and you are outside of the United States, you must
apply for a T visa at a U.S. Embassy or Consulate, generally in your country of
permanent residence. You may schedule your visa appointment immediately upon
receiving the Form I-797 from USCIS stating your Form I-914, Supplement A, has been
approved. Do not wait for the U.S. Embassy or Consulate to contact you.

While interviews are generally not required for applicants of certain ages outlined
above, consular officers have the discretion to require an interview of any applicant,
regardless of age.

If you are age: Then an interview is:

You must schedule an appointment for your visa interview, generally, at the U.S.
Embassy or Consulate in the country where you live. You may schedule your interview
at any U.S. embassy or consulate, but be aware that it may be difficult to qualify for a
visa outside of your place of permanent residence.

Wait times for interview appointments vary by location, season, and visa category, so
you should apply for your visa early. Review the interview wait time for the location
where you will apply:

Prepare for Your Interview

 Fees - Pay the non-refundable visa application fee, if you are required to pay it
before your interview. When your visa is approved, you may also pay a visa issuance
fee, if applicable to your nationality. Fee information is provided below:

Application Fee

$160

All fees:

 Review the instructions available on the website of the embassy or consulate where you
will apply to learn more about fee payment.

Gather Required Documentation

Each applicant for a T-2, T-3, T-4, or T-5 nonimmigrant visa must gather and prepare
the following required documents before the visa interview:

 Passport valid for travel to the United States - Your passport must be valid for at least
six months beyond your period of stay in the United States (unless exempt by country-
specific agreements). If more than one person is included in your passport, each person
who needs a visa must submit a separate application.
 Nonimmigrant Visa Application, Form DS-160 confirmation page
 Application fee payment receipt, if you are required to pay before your interview
 Photo – You will upload your photo while completing the online Form DS-160. If
the photo upload fails, you must bring one printed photo in the format explained in
the Photograph Requirements.
 Form I-797, Notice of Action, from USCIS indicating approval of Form I-914,
Supplement A.
Additional Documentation May Be Required

Review the instructions for how to apply for a visa on the website of the embassy or
consulate where you will apply. Additional documents may be requested to establish if
you are qualified.

Attend Your Visa Interview

During your visa interview, a consular officer will determine whether you are qualified to
receive a visa, and if so, which visa category is appropriate based on your purpose of
travel. You will need to establish that you meet the requirements under U.S. law to
receive the category of visa for which you are applying.

Ink-free, digital fingerprint scans will be taken as part of your application process. They
are usually taken during your interview, but this varies based on location.

After your visa interview, your application may require further administrative processing.
You will be informed by the consular officer if further processing is necessary for your
application.

When the visa is approved, you may pay a visa issuance fee if applicable to your
nationality, and will be informed how your passport with visa will be returned to you.
Review the visa processing time, to learn how soon your passport with visa will
generally be ready for pick-up or delivery by the courier.

Entering the United States

A visa allows a foreign citizen to travel to a U.S. port-of-entry (generally an airport) and
request permission to enter the United States. A visa does not guarantee entry into the
United States. The Department of Homeland Security (DHS), U.S. Customs and Border
Protection (CBP) officials at the port-of-entry have authority to permit or deny admission
to the United States. If you are allowed to enter the United States, the CBP official will
provide an admission stamp or a paper Form I-94, Arrival/Departure Record. Learn
more about admissions and entry requirements, restrictions about bringing food,
agricultural products, and other restricted/prohibited goods, and more by reviewing
the CBP website.

Extending Your Stay

T nonimmigrants are required to have approval from the U.S. Citizenship and
Immigration Services (USCIS) to stay beyond the date indicated on their admission
stamp or paper Form I-94. See Extend Your Stay and USCIS Policy Memo PM-602-
0032.1 on the USCIS website for more guidance.

You must depart the United States on or before the date indicated on your admission
stamp or Form I-94, unless your request to extend your stay is approved by USCIS.
Failure to depart the United States on time will result in you being out of status. Under
U.S. law, visas of travelers who are out of status are automatically voided (section
222(g) of the Immigration and Nationality Act). If you had a multiple-entry visa and it
was voided due to you being out of status, it will not be valid for future entries into the
United States.

Failure to depart the United States on time may also result in you being ineligible for
visas you may apply for in the future. Review Visa Denials and Ineligibilities and
Waivers: Laws to learn more.

Additional Information

 We cannot guarantee that you will be issued a visa. Do not make final travel plans or
buy tickets until you have a visa.
 Unless canceled or revoked, a visa is valid until its expiration date. Therefore, a valid
U.S. visa in an expired passport is still valid. If you have a valid visa in your expired
passport, do not remove it from your expired passport. You may use your valid visa in
your expired passport along with a new valid passport for travel and admission to the
United States.
 Information for T-2, T-3, T-4, and T-5 visa holders about permission to work in the United
States is available on the USCIS website under Work Authorization. T-2, T-3, T-4, and
T-5 visa holders are permitted to study in the United States.