T Visa for Trafficking Survivors: Eligibility, Form I-914 and How a Psychological Evaluation Strengthens the Case
Quick answer: The T visa is a U.S. immigration status for survivors of sex or labor trafficking. To qualify, you must show that you were a victim of a severe form of trafficking, that you are in the United States because of it, that you cooperated with reasonable law enforcement requests (unless an exception applies), and that you would suffer extreme hardship if removed. You apply with Form I-914. A psychological evaluation can document the trauma behind each of these requirements and is often one of the strongest pieces of evidence in the file.
Survivors of trafficking often carry the heaviest evidence burden in immigration law with the least paperwork to show for it. Traffickers take passports, keep no records, and control every part of daily life. What remains is the survivor’s own story, and the psychological impact that story left behind.
This guide explains how the T visa works, who qualifies, what goes into Form I-914, how long the process takes in 2026, and how an independent immigration psychiatric evaluationcan strengthen a human trafficking visa application.
What Is a T Visa?
The T visa, formally called T nonimmigrant status, was created by the Trafficking Victims Protection Act of 2000. It allows survivors of human trafficking to remain in the United States, work legally, and eventually apply for permanent residence. People often search for it as a “trafficking visa,” but it is not a visa issued at a consulate. It is a status granted by U.S. Citizenship and Immigration Services (USCIS) to people who are already in the country. If your attorney needs clinical documentation of trafficking-related trauma, see our T visa psychiatric evaluation service.
The main applicant receives T-1 visa status. Certain family members can receive derivative status:
| Category | Who It Covers |
|---|---|
| T-1 | The trafficking survivor (principal applicant) |
| T-2 | Spouse of the T-1 |
| T-3 | Child of the T-1 |
| T-4 | Parent of a T-1 who is under 21 |
| T-5 | Unmarried sibling under 18 of a T-1 who is under 21 |
| T-6 | Adult or minor child of a derivative family member, if in present danger of retaliation |
By law, up to 5,000 T-1 visas can be granted each year. In practice, that cap has never been the limit. The real bottleneck is processing time.
T Visa Eligibility Requirements
To be approved, a survivor must meet five requirements:
- Victim of a severe form of trafficking. This means sex trafficking or labor trafficking induced by force, fraud, or coercion. If the person was under 18 when induced into commercial sex, force, fraud, or coercion does not need to be shown.
- Physical presence on account of trafficking. The survivor must be in the United States, American Samoa, the Northern Mariana Islands, or at a U.S. port of entry because of the trafficking.
- Compliance with reasonable requests from law enforcement. The survivor must have cooperated with reasonable requests to help investigate or prosecute the trafficking. This does not apply to survivors under 18 or to those who cannot cooperate because of physical or psychological trauma.
- Extreme hardship. The survivor would suffer extreme hardship involving unusual and severe harm if removed from the United States.
- Admissibility. The survivor must be admissible, or must receive a waiver (Form I-192) for grounds of inadmissibility, many of which are connected to the trafficking itself.
T Visa Extreme Hardship
The T visa extreme hardship standard is higher than the ordinary difficulty of relocating. USCIS looks for harm that is unusual and severe, such as the need for medical or mental health care that is not available in the home country, the risk of retaliation or re-trafficking, the loss of protection under U.S. law, and the likelihood that the trafficker could reach the survivor after return. Mental health factors are often central here, which is one reason a clinical evaluation matters.
Form I-914: How to Apply for a T Visa
Form I-914, Application for T Nonimmigrant Status, is the core of the case. A complete filing usually includes:
- Form I-914 with a detailed personal statement describing the trafficking, in the survivor’s own words.
- Form I-914 Supplement A for each eligible family member.
- I-914 Supplement B, a declaration signed by a law enforcement agency confirming the person was a victim and complied with requests. Supplement B is optional, but it is strong evidence when available.
- Form I-765 for employment authorization, filed together with the I-914 so USCIS can consider work authorization as early as possible.
- Form I-192 if a waiver of inadmissibility is needed.
- Supporting evidence: police reports, medical records, witness statements, news articles, communications with the trafficker, and a psychological evaluation.
USCIS accepts “any credible evidence,” which means survivors are not limited to official documents. That flexibility is important, because most trafficking leaves no paper trail. Form I-914 has historically had no filing fee, and related forms for T applicants are generally fee-exempt. Fees change, so always confirm the current USCIS fee schedule before filing.
Continued Presence vs. T Visa
Continued presence is a separate, temporary immigration protection that federal law enforcement can request for a trafficking victim who may be a potential witness. It is granted for up to two years at a time and comes with work authorization. Continued presence is not a path to a green card on its own, but it can provide stability while a survivor prepares a T visa application, and it is helpful evidence of cooperation with law enforcement.
Form I-914 Supplement A (I-914A): Applying for Family Members
Form I-914, Supplement A is the Application for Derivative T Nonimmigrant Status. The principal applicant files it for each eligible family member, either together with Form I-914 or later while the principal holds T-1 status.
Who can be included depends on the principal applicant’s age:
- Principal under 21: spouse, children, parents, and unmarried siblings under 18.
- Principal 21 or older: spouse and children.
- Any age: parents, unmarried siblings under 18, and certain children of derivatives, if they face a present danger of retaliation because of the principal’s escape from trafficking or cooperation with law enforcement.
Each Supplement A is a separate application with its own evidence of the family relationship. A psychological evaluation of the principal applicant can also describe how separation from these family members affects their recovery.
T Visa Processing Time in 2026
The T visa processing time has grown dramatically. According to USCIS data analyzed by the Coalition to Abolish Slavery and Trafficking, 80% of cases were being completed within about 30.5 months as of June 2026, up from roughly 15 months two years earlier. More than 59,000 applications were pending at the end of 2025.
| Stage | What Happens | Typical Timing (2026) |
|---|---|---|
| Receipt notice | USCIS confirms the I-914 was received | About 2 to 4 weeks |
| Biometrics | Fingerprints and photo for background checks | Weeks to several months |
| Bona fide determination | USCIS finds the case bona fide and may grant deferred action and a work permit | Heavily backlogged; often years |
| Final decision | Approval, denial, or a request for more evidence | About 2.5 years or longer |
Because the I-914 processing time changes often, check the official USCIS processing timespage for current numbers. A request for evidence (RFE) can add many months, which is why a complete, well-documented first filing matters so much.
T Visa Bona Fide Determination
Under the T visa rule that took effect in August 2024, USCIS reviews pending applications for a T visa bona fide determination. If the application is complete, properly filed, and passes background checks, USCIS can find it bona fide and grant deferred action and a work permit while the full case is still pending. In 2026, however, bona fide determinations are also severely delayed, so survivors should plan for a long wait.
T Visa Approval Rate
The T visa approval rate has varied widely over the years. In FY2024, USCIS approved more than 3,000 T visas for the first time. Approvals then dropped sharply: USCIS approved about 1,400 T visas in all of FY2025, and data reported partway through that year showed roughly 6 in 10 decisions were approvals and 4 in 10 were denials.
The most common weak points in denied or delayed cases are:
- A personal statement with gaps or inconsistencies that are not explained.
- Little evidence that the survivor is in the U.S. “on account of” trafficking, especially years after escape.
- No explanation for why the survivor did not report to or cooperate with law enforcement.
- Weak or generic evidence of extreme hardship.
Each of these weak points is exactly where a clinical evaluation can help.
How a Psychological Evaluation Strengthens a T Visa Case
A psychological (psychiatric) evaluation is an independent clinical assessment performed by a licensed mental health professional. The evaluator interviews the survivor, uses standardized screening tools, and writes a report that the attorney submits with the application. It does not replace legal evidence. Instead, it explains the human side of the case in clinical terms that adjudicators recognize.
Here is how the evaluation supports each part of a T visa case:
| T Visa Requirement | How the Evaluation Helps |
|---|---|
| Victim of trafficking | Documents symptoms consistent with the reported trauma, such as PTSD, depression, or anxiety, which corroborates the survivor’s account |
| Credibility of the statement | Explains how trauma affects memory, so gaps, confusion about dates, or delayed disclosure are not mistaken for dishonesty |
| Physical presence on account of trafficking | Shows ongoing psychological effects and treatment needs that tie the survivor’s presence in the U.S. to the trafficking |
| Law enforcement cooperation | Supports the trauma exception when fear, PTSD, or other symptoms prevented the survivor from reporting or cooperating |
| Extreme hardship | Describes the risk of retraumatization, re-trafficking, and loss of mental health care if the survivor is removed |
What Happens During the Evaluation
- Referral from the attorney. Most evaluations begin with a referral from the survivor’s immigration attorney, who explains which legal issues the report should address.
- Clinical interview. The evaluator meets with the survivor, often in one or two sessions, and asks about their background, the trafficking experience, and current symptoms. The pace is set by the survivor, and breaks are always allowed.
- Standardized assessments. Validated screening tools measure symptoms such as trauma, depression, and anxiety.
- Written report. The evaluator prepares a clear, professional report with diagnoses, clinical observations, and conclusions tied to the legal requirements.
- Submission. The attorney includes the report with Form I-914 or uses it to respond to a request for evidence.
Many survivors live far from a specialized evaluator, feel unsafe traveling, or simply feel more comfortable at home. A virtual immigration evaluation allows the interview to take place securely by video.
What Makes a Strong Evaluation
- Trauma-informed approach: the survivor is not pushed to retell details faster than they can handle.
- Clinical objectivity: the report is independent and evidence-based, which makes it more persuasive to USCIS.
- Connection to the legal standards: the findings are linked directly to the T visa requirements the attorney needs to prove.
- Experience with immigration cases: the evaluator understands how USCIS reads clinical reports in humanitarian cases, including U visa, VAWA, asylum, and cancellation of removalcases.
T Visa Benefits
An approved T visa provides real stability after years of fear. The main T visa benefits include:
- Legal status for up to four years, with possible extensions.
- A T visa work permit: T-1 holders are authorized to work incident to their status, and derivative family members can apply for employment authorization.
- Protection for family members through derivative T-2 to T-6 status.
- Access to public benefits and services similar to those available to refugees, through certification from the U.S. Department of Health and Human Services.
- A path to a green card and, later, U.S. citizenship.
From T Visa to Green Card
The road from T visa to green card runs through Form I-485, Application to Adjust Status. To qualify for a T visa green card, the survivor generally must:
- Have been physically present in the U.S. for a continuous period of at least three years since first receiving T-1 status, or during the investigation or prosecution if the Attorney General certifies that it is complete.
- Have been a person of good moral character during that time.
- Have complied with reasonable requests from law enforcement, or show that they would suffer extreme hardship involving unusual and severe harm if removed (the trauma and under-18 exceptions still apply).
- Be admissible, or obtain a waiver.
The application must be filed before T status expires. An updated psychological evaluation can again support the hardship and good moral character elements at this stage.
Frequently Asked Questions
How long does a T visa take in 2026?
Most T visa cases currently take around 2.5 years or longer from filing Form I-914 to a final decision. As of June 2026, 80% of cases were being completed within about 30.5 months. Bona fide determinations and work permits are also delayed.
Do I need a psychological evaluation for a T visa?
It is not legally required, but it is strongly recommended in most cases. Trafficking rarely leaves documents behind, and a clinical evaluation is one of the few independent sources of evidence that can corroborate the survivor’s experience, explain memory gaps, and support extreme hardship.
Can I get a T visa if I did not report the trafficking to the police?
Possibly. Survivors under 18 do not have to cooperate with law enforcement, and adults may be exempt if physical or psychological trauma made cooperation impossible. A psychological evaluation is often the key evidence for this trauma exception.
Is I-914 Supplement B required?
No. Supplement B, the law enforcement declaration, is optional. It is valuable evidence when available, but many approved cases rely on other credible evidence instead.
Can I work while my T visa application is pending?
Yes, once USCIS issues a bona fide determination and approves your work permit. File Form I-765 together with Form I-914 so USCIS can consider employment authorization as early as possible.
Can my family get T visa status too?
Yes. Depending on your age, your spouse, children, parents, and unmarried siblings under 18 may qualify for derivative status, and family members in present danger of retaliation may also qualify.
Will the evaluator share my information with anyone else?
The evaluation is confidential. The report is shared with your attorney for use in your immigration case, and USCIS has strict confidentiality protections for T visa applicants.
Schedule a T Visa Psychological Evaluation
A trafficking survivor’s story deserves to be heard clearly and documented with care. At Nursing The Mind, psychiatric nurse practitioner Inna Revutsky provides trauma-informed immigration evaluations for T visa, U visa, VAWA, asylum, and hardship cases, in person or virtually, and works directly with your immigration attorney to deliver a clear, professional report.
Call (862) 308-8344 for a confidential consultation.
If you are in immediate danger, call 911. For confidential help 24/7, contact the National Human Trafficking Hotline at 1-(862) 308-8344. This article is for general information only and is not legal or medical advice. A psychological evaluation does not guarantee approval of any immigration application. Speak with an immigration attorney about your specific case.
