T visa attorney (trafficking victim)

You were told you had no choice. Maybe someone took your passport, threatened your family back home, or convinced you that calling the police would get you deported or arrested. That fear doesn't disappear once you're physically away from the person who controlled you. It can resurface the moment a government worker asks your name or a form asks where you came from.

Our T visa consultations start from a different premise: you are not under investigation, and you are not required to relive your trafficking for an intake interview. We talk to you first about safety: where you're staying, whether your trafficker still knows your location, and whether anyone close to you remains at risk. Paperwork comes after that conversation. If you're not ready to name names or involve police, that's a conversation we can have, because the law actually has a path for that.

T visas give trafficking survivors temporary legal status and work authorization, and testimony against a trafficker isn't required in every case. Eligibility requires presence in the U.S. due to trafficking, compliance with reasonable law enforcement requests (or a qualifying exemption), and proof that removal would cause extreme hardship. Vasquez Law Firm screens cases confidentially before any report is filed.

The Hard Truth

Here is what we won't soften: Congress caps T nonimmigrant status at 5,000 principal grants per fiscal year (8 U.S.C. § 1184(o)(2); 8 C.F.R. § 214.11(q)), and USCIS's Form I-914 statistics show the program doesn't come close to filling that cap most years — roughly 1,000 to 1,800 principal T visas have been approved annually in recent fiscal years, per USCIS's Victims of Human Trafficking: T Nonimmigrant Status Reports. That gap exists partly because survivors never file, and partly because evidence of trafficking — recruitment through fraud, coercion, forced labor, or forced sex work — has to be documented in a way USCIS will credit, often years after the fact and without a cooperating witness.

Processing is slow. USCIS's processing-times page (checked April 2025) lists the Vermont Service Center's median adjudication time for Form I-914 at roughly 28 to 34 months, longer if a Request for Evidence is issued. A bona fide determination — the interim step that can grant work authorization before the case is fully adjudicated — helps, but it isn't instant either. The delay reflects how long the process takes and how much proof USCIS requires, not the strength of your case. A declaration filed without supporting documentation is exactly the kind that stalls at Vermont for years.

What Happens If You Wait

Waiting carries its own cost. If your trafficker is still under active investigation, federal law enforcement can request Continued Presence (CP) under 22 U.S.C. § 7105(c)(3) — a temporary deferred-action status that can issue in weeks rather than years — but CP has to be requested by the investigating agency, and that window often closes once a case is resolved, a trafficker is sentenced, or physical evidence (text messages, hotel receipts, pay records) degrades.

If you've already had contact with immigration officials — a prior removal order, a voluntary departure, or a statement given under pressure that doesn't match what actually happened — that record doesn't disappear because you wait. It has to be addressed in the filing, and it's easier to address with contemporaneous evidence than three years later when memories have faded and witnesses have moved on. Family members abroad named as derivatives on Form I-914A carry their own exposure the longer they stay reachable by the trafficking network. And every month without a filed, complete I-914 is a month without the interim employment authorization that lets you work on the books instead of returning to the kind of off-the-books labor that made you exploitable in the first place.

Step-by-Step Process

Confidential intake. We meet with you — by phone, video, or in person in Houston — before any report goes to police or immigration enforcement. Interpreters are available for non-English speakers; nothing said in this meeting is shared with law enforcement without your agreement.
Safety and status assessment. We check whether you're currently in removal proceedings, whether a prior immigration filing exists in your name, and whether your trafficker or anyone connected to them has current knowledge of your location.
Evidence gathering. Medical records, communications with the trafficker, pay records (or their absence), travel documents, and corroborating statements from shelters or advocates — we regularly coordinate with the Houston Area Women's Center and the Houston Rescue and Restore Coalition for survivor services alongside the legal filing.
Law enforcement certification or an exemption argument. We request Form I-914 Supplement B from the relevant agency — often the Harris County District Attorney's Office Human Trafficking Division or the U.S. Attorney's Office for the Southern District of Texas Human Trafficking Task Force — where an investigation exists. Where it doesn't, or where testifying would put you at further risk, we build the case for the 'any reasonable request' exemption under 8 C.F.R. § 214.11(h), which does not require testimony in every case.
Filing Form I-914, with Form I-914A for qualifying family members, at USCIS's Vermont Service Center — the single facility that adjudicates every T visa petition nationwide.
Bona fide determination. USCIS screens the filing for completeness and, if it qualifies, can issue interim employment authorization while the full case is pending. This step confirms the case is ready for review — it does not predict the outcome.
Biometrics, and in some cases a Request for Evidence.
Final adjudication, followed three years after approval by eligibility to apply for lawful permanent residence under 8 C.F.R. § 245.23.

A Real-World Example

Consider a composite built from patterns we see often, not a real client: 'R.' came to Houston on a work visa to clean hotel rooms, and within a month her employer had confiscated her passport, charged her rent she could never pay off, and told her that calling the police would get her arrested for working illegally. By the time she reached out, she had no pay stubs, no lease in her name, and no idea whether the business she'd worked for was already under investigation.

Our first meeting with R. didn't touch the immigration form at all — it covered where she was sleeping, whether her former employer knew her new address, and what she wanted to happen next. Over the following weeks we helped her request records from her bank and phone carrier to document the pattern of control, contacted the Harris County DA's Human Trafficking Division to ask whether an investigation already existed, and prepared a declaration addressing why direct cooperation with a criminal prosecution could expose her to retaliation. The filing went to USCIS's Vermont Service Center with a request for a bona fide determination. From there, the case moves through USCIS's queue like any other filing — biometrics, possible requests for more evidence, and a wait measured in months, not days.

William J. Vasquez leads the firm's immigration practice, including T visa and other trafficking-related filings, alongside U visa, VAWA, and removal defense matters. He has practiced immigration law for more than a decade and is a member of the American Immigration Lawyers Association (AILA). Representation before USCIS on a visa petition does not require circuit-specific federal court admission, so our team prepares and files T visa petitions for survivors nationwide, not only where our attorneys happen to be physically located. For BIA appeals, any attorney licensed in a single U.S. state bar in good standing may appear nationwide under 8 C.F.R. § 1292.1; for cases that reach a federal circuit court of appeals, we work only within our confirmed circuit admissions and are in the process of seeking admission in additional circuits.

Key Terms Explained

T nonimmigrant status (T visa): Temporary immigration status for survivors of a severe form of trafficking in persons, created by the Trafficking Victims Protection Act of 2000 and codified at 8 U.S.C. § 1101(a)(15)(T).

Continued Presence (CP): A temporary deferred-action status under 22 U.S.C. § 7105(c)(3) that federal law enforcement can request for a trafficking survivor during an active investigation, distinct from a T visa petition filed by the survivor.

Form I-914 Supplement B: The Declaration of Law Enforcement Officer for Victim of Trafficking in Persons — an optional but strongly weighted piece of evidence completed by an investigating agency, not the survivor.

'Any reasonable request' standard: The cooperation requirement under 8 C.F.R. § 214.11(h), which does not require a survivor to testify in open court or confront a trafficker directly in every case, particularly where doing so would cause further trauma or danger.

Bona fide determination: USCIS's preliminary screening of a complete T visa filing that can trigger interim employment authorization before the case is fully adjudicated.

Derivative status: Immigration status extended to a principal applicant's qualifying spouse, children, parents, or siblings through Form I-914A.

U nonimmigrant status (U visa): A related but separate category for victims of certain qualifying crimes who hold a law enforcement certification (Form I-918 Supplement B), generally requiring more direct cooperation with an active case.

VAWA self-petition: A path to status for spouses, children, or parents abused by a U.S. citizen or lawful permanent resident family member, filed without the abuser's knowledge.

Frequently Asked Questions

Q: Do I have to testify against my trafficker to qualify for a T visa? A: Not in every case. 8 C.F.R. § 214.11(h) allows an exemption from the cooperation requirement where a survivor's age, trauma, or safety makes direct cooperation with prosecutors unreasonable to demand; we build that argument where testifying would put you at further risk.

Q: Can I get a T visa without filing a police report? A: Yes. A law enforcement certification (Form I-914 Supplement B) strengthens a case but isn't legally required — you can pursue the 'any reasonable request' exemption instead, or rely on other credible evidence of trafficking.

Q: What if there's no active investigation into my trafficker? A: You can still request a Supplement B certification from an agency that investigated the case in the past, or proceed under the exemption standard; an active, ongoing investigation is not a legal precondition for filing Form I-914.

Q: How long does the T visa work permit (EAD) take after filing? A: There's no fixed timeline, but USCIS can issue interim employment authorization after a bona fide determination, which is separate from and generally faster than final adjudication of the full I-914, currently averaging roughly 28 to 34 months at the Vermont Service Center per USCIS's processing-times page (checked April 2025).

Q: I gave immigration officials a false statement while I was still under my trafficker's control. Will that disqualify me? A: Not automatically. USCIS evaluates statements made under duress differently, and we address the discrepancy directly in the filing with context and corroborating evidence rather than leaving it unexplained.

Q: What's the difference between a T visa and a U visa? A: A T visa covers trafficking survivors and allows an exemption from direct cooperation in some cases; a U visa covers a broader list of qualifying crimes but generally requires a law enforcement certification in nearly every case. See the comparison chart on this page for the cap, agency, and green-card timeline differences.

Q: Is a notario público the same as an immigration attorney for a T visa case? A: No. In the U.S., a notary public has no authority to practice immigration law, unlike the notario público role in many Latin American countries; always confirm an immigration preparer is a licensed attorney or accredited representative before sharing your trafficking history with them.

Clients and partner organizations rate our team 4.9 out of 5 stars across the firm's Google reviews (as of April 2025), with recurring mentions of clear explanations of each filing step and responsiveness between appointments. We don't make promises about how a case will end.

If you're still deciding whether to say anything to anyone, start smaller than a full legal filing: a confidential conversation about what your options actually are, with no obligation to report anything to police that day.

Call our office or submit a confidential consultation request to talk with our immigration team about a T visa filing, a Continued Presence request, or how a prior statement or removal order affects your options. We also handle related U visa, VAWA self-petition, and removal defense matters if your situation involves more than one path forward.

U Visa Attorney for Crime Victims
VAWA Self-Petition for Survivors of Abuse
Removal Defense and Deportation Defense
Attorney Profile: William J. Vasquez
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