The T visa application process in California can feel complex, particularly for individuals navigating the aftermath of human trafficking. This form of immigration relief allows eligible applicants to remain in the United States while pursuing safety and stability.
It is important to understand how the process works, from establishing eligibility to completing paperwork and awaiting a decision. An overview of each step can help applicants know what to expect.
U.S. Law Center is a national, full-service immigration firm with attorneys who represent individuals, families, and businesses in complex immigration issues, including humanitarian visas, such as T visas.
The firm has been named a National Top 100 Trial Lawyer, and its lawyers have been rated by Super Lawyers.* The attorneys take the time to plan a strategy and thoughtfully prepare cases, and keep clients informed about each step in the immigration process.
A T visa allows a victim of human trafficking to stay in the U.S. for up to four years, become authorized to work, and eventually apply for a green card. To be eligible for a T visa, applicants must meet federal requirements related to human trafficking.
In California, many cases are related to labor or sex trafficking cases discovered by local or federal investigations. T visa applicants must typically demonstrate that:
Careful preparation of the T visa application prior to submission to immigration authorities is important. Every step in the application process is dependent on the previous step, and it is important that the application be complete and consistent from the beginning. Incomplete applications can slow the review process or lead to requests for further evidence.
The T visa application is adjudicated by U.S. Citizenship and Immigration Services, and requests for further evidence may be made during the review process. The steps include:
The outcome of a T visa application depends largely on the evidence submitted. Documentation can significantly impact the adjudication of a case. Proper evidence can be used to establish eligibility and support each of the required elements of the claim.
Documents should demonstrate how the applicant’s situation fits the legal definition of trafficking. Detailed and well-organized evidence can help to build credibility and reduce delays. Types of evidence often used include:
The processing time for T visas varies from case to case and with the agency’s workload. It may take several months or even years before the applicant receives any communication or a final decision. During the processing period, any communication from the immigration authorities is in the form of formal notices.
The applicant may receive a receipt notice that the application has been filed, a request for evidence notice if the immigration authorities need more information to consider the application, and a decision notice approving or denying the application. Applicants may also be eligible to apply for work authorization while the application is pending, depending on the circumstances of their case.
After approval, T visa holders may seek to adjust their status to lawful permanent residence. T visa holders may apply for a green card after they have continuously resided in the United States for three years or upon the completion of the trafficking investigation or prosecution, whichever is earlier. As part of the adjustment process, applicants must also demonstrate good moral character and continued cooperation with law enforcement.
A: The number of T visa applications filed in 2024 was 15,332, according to U.S. Citizenship and Immigration Services. The total number of T visas filed for the fiscal year 2024 is the highest number of filings recorded.
This represents a notable increase from previous years, signaling a rise in both awareness of trafficking protections and the demand for such relief. Processing timelines and agency workload also continue to factor into case processing times.
A: The number of T visas that are approved each year is limited by federal law. As set by the Trafficking Victims Protection Act, no more than 5,000 principal T visas may be issued each year to survivors of trafficking. This limit does not take into account qualifying family members, who may be approved for derivative status in addition to that cap. Consequently, approval numbers can fluctuate despite a growing volume of applications annually.
A: Yes, you may be able to work in the U.S. while your T visa application is pending, based on your employment authorization status. As part of the filing process, applicants may request work authorization, and upon approval, they can legally work in the United States.
According to U.S. Citizenship and Immigration Services, if granted T nonimmigrant status, individuals are eligible for employment authorization, which can offer financial stability during the process.
A: A T visa can be revoked after it is granted if the individual no longer meets the requirements for maintaining the status. This can occur if the person fails to cooperate with reasonable requests from law enforcement or if it is discovered that the individual obtained the T visa through fraud or misrepresentation.
It is crucial to maintain eligibility for a T non-immigrant status to prevent issues with extended stay or future immigration benefits.
The T visa process can be complex and difficult. At U.S. Law Center, we partner with individuals in need of protection and stability so that they can confidently and strategically navigate each step. We prepare and organize evidence, and with a deep understanding of each requirement, we help you work through the application and review process in California. Schedule a consultation to hire a T visa lawyer today.
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