T Visas are a specific category of visas that can provide protection and support to those who have been victims of severe forms of trafficking, such as forced labor, sexual exploitation, religious or faith-based trafficking, involuntary servitude, and victimization related to debts or late or missing payments.
For people unfamiliar with survivor work, “trafficking” may seem limited to “forced prostitution.” However, forced commercial sex acts is only one form of trafficking that can make someone eligible for the T Visa remedy. This humanitarian visa is extremely broad and encompasses many different types of exploitation (or attempted exploitation), including labor abuses in the workplace, at home, with intimate partners, or even through the internet.
T Visas can provide a legal pathway for survivors to remain in the United States, access support services, and rebuild their lives. T Visa holders can be eligible for certain benefits and protections, including access to healthcare, housing, employment, and social services. T Visa holders may complete the FAFSA (Free Application for Federal Student Aid). T Visa holders can get work permits, which makes it easier to get a social security number and driver’s license. T Visa holders also may also be able to apply for a Green Card (if they are otherwise eligible) without needing a sponsor and without having to show they will not use public benefits (“public charge”).
LGBTQIA+ is an abbreviation for lesbian, gay, bisexual, transgender, queer or questioning, intersex, asexual, and more. These terms are used to describe a person’s sexual orientation or gender identity.
LGBTQIA+ identifying individuals are sometimes overlooked when it comes to applying for a T Visa. This is extremely unfortunate, because LGBTQIA+ individuals who have experienced trafficking often face distinct forms of exploitation and discrimination. LGBTQIA+ people may also be particularly vulnerable to trafficking due to bias and discrimination in areas such as employment and housing, giving traffickers an opening to step in and pretend to be the answer to their problems. We recognize and aim to close the information gap and empower immigrants to understand the T Visa option.
Please note that this eligibility also includes individuals that are not LGBTQIA+ identifying but that are perceived, or believed by their abuser, to be part of that group.
By providing this specific information about T Visas for LGBTQIA+ immigrants who have experienced trafficking, HT Law aims to close the information gap, empower survivors of trafficking within the LGBTQIA+ community, and help them break free from exploitation by looking for a pathway towards a brighter and more secure future. We also affirm our commitment to inclusivity and recognition of the unique experiences and needs of our LGBTQIA+ community.
Many times, LGBTQIA+ identifying immigrants are funneled towards applying for asylum over other types of immigration pathways. However, T Visas can be a stronger and less stressful alternative to asylum cases due to the nature of adjudication, processing times, and grant rates. Moreover, USCIS also processes T Visa applications in a confidential way, much different from the court proceedings required in an asylum remedy.
The T Visa application process in general – and Helen Tarokic Law’s specific approach to working with trafficking survivors – builds in several protections and support services, with the goal that that survivors can learn about their rights and avenues for seeking assistance. Our law office maintains strict confidentiality, as is expected for all attorney-client relationships, to provide a safe space for trafficking survivors to tell their story and seek advice.
Please note: We recommend that people do not file immigration applications on their own. Applicants should not file a T Visa without the help of a qualified immigration attorney.
Please also review our page about U Visas – Help for survivors of domestic violence, stalking, robberies, sexual assault and so much more!
What is a T Nonimmigrant Visa?
T Visas are a specific category of visas available to individuals who have been victims of certain types of sex and labor exploitation, are present in the United States because of that victimization, and have reported that exploitation to law enforcement. The T Visa can provide a legal pathway for survivors of trafficking to obtain temporary immigration status, access support services, and later pursue permanent residency and citizenship if they are eligible.
T Visa Basics: Eligibility Criteria
This information is only an overview of the T nonimmigrant visa to provide a general understanding of this remedy. Potential applicants should not take it as specific advice for their situation. If these examples sound like something you experienced and you think you may be eligible for a T Visa, please call our office to schedule a consultation.
To be eligible for a T Visa, the application must show that the applicant is:
- be a victim of severe trafficking,
- be physically present in the United States or a U.S. territory due to trafficking, AND
- demonstrate a willingness to assist law enforcement in an investigation or prosecution of the trafficker (also called “reporting”).
The application must also demonstrate that the applicant would suffer extreme hardship involving unusual and severe hardship if they were to return to their home country (for most of our clients, especially LGBTQIA+ individuals, that hardship is pretty clear from the beginning).
The application must also demonstrate that the applicant is admissible to the United States, or qualifies for a waiver of inadmissibility (see below).
What does it mean to be a “victim of severe trafficking?” Many types of victimization = many grounds for a T Visa!
T Visas are an immigration remedy for people who have been subjected to a severe form of trafficking. This can include forced labor, sexual exploitation, religious or faith-based exploitation, involuntary servitude, or even victimization based on creating a real or imagined “debt.” These visas aim to protect and assist victims of trafficking who need to legalize their immigration status – or who already have some type of immigration status – and want a path to permanent residency.
Showing “Physical Presence in the United States on account of trafficking”
The victim can have been brought into the country as part of a trafficking scheme OR the trafficking can be unrelated to the entry – it can start once the person has already entered and lived in the United States and the person has remained in the country due to the trafficking situation or the long-lasting effects they’re still suffering. One of the most important ways we often meet this requirement is to ensure the client has access to victim support services, like mental health counseling.
It often happens that there is no connection between the entry and the trafficking, because the victimization happened when the person was already in the United States (at work, at home, in a relationship, or other situations). Or, it could be that someone did leave the United States, re-entered, and then was victimized after that last entry.
Legal advice on this physical presence requirement for a T Visa application is very important, and it varies from case to case. To potential applicants, we say – please do not assume you don’t meet the requirement just because you have some entries and exits! Please consult with a qualified immigration attorney about your options.
What is Willingness to Assist Law Enforcement? What is Reporting?
The T Visa application must show the victim’s willingness to assist law enforcement agencies in the investigation and/or prosecution of the trafficking case.
Much of the time, when a trafficking victim speaks to an attorney’s office about their immigration options, their victimization has not even been reported to a law enforcement agency (the person may not even know they are a victim of trafficking!)
Based on that, an attorney’s role may include making the first report to a law enforcement agency, sometimes by email or in a letter. If a law enforcement agency is able and willing to investigate the trafficking, then “cooperation” can include providing information, testimony, or other forms of assistance to law enforcement authorities, and a law firm can assist the applicant through this process.
However, law enforcement agencies may not be able to investigate, or may not be interested in investigating that incident. For example, if it is an older case where there is no concrete evidence. Unfortunately, there are simply too many victims and not enough law enforcement officers to take on every case. An applicant can still meet that “willingness” to cooperate requirement based on the fact that they (through their attorney) made the report to law enforcement. The honest victim statement included with a victim statement can also help show the applicant’s willingness to cooperate.
We understand that reporting can cause significant anxiety for survivors of trafficking. Attorneys who serve victims of crime attempt to take a victim-centered approach. We try to discuss with a potential applicant what their goals are, and what would exemplify “justice” for them. Willingness to cooperate can have a wide range of actions – it does not always mean there has to be an incident report, or that law enforcement will even be interested in the case.
Additionally, some agencies are not allowed to reveal the name of those who reported.
If “reporting” concerns you, please talk to an attorney about those concerns to learn more about the reporting process, and the likelihood of whether authorities will actually require an interview or other kinds of cooperation from an applicant as part of a T Visa application.
Hardship if returned to their home country
The application must show that the applicant would suffer extreme hardship involving unusual and severe harm if they were to return to their home country.
Our office works with applicants to document the hardship, mostly through the victim statement that is part of the T Visa application. For most of our clients, especially LGBTQIA+ individuals, the likelihood of such hardship is quite clear. It can include economic hardship, psychological trauma, social/cultural stigma, physical danger or abuse, or a combination of factors.
Admissibility to the United States
The application must show that the applicant meets the general admissibility requirements for entry into the United States – or that the applicant qualifies for a “waiver” of their criminal or immigration violations. If a person is “inadmissible,” there are broad laws available to “waive” or “forgive” the immigration or criminal violations.
Often, we consult with potential applicants who believed they cannot legalize their immigration status because they have prior deportations or false claim to U.S. citizenship or some criminal history that will prevent them from any immigration option.
However, the T Visa laws have a waiver system “built into” the program so that applicants can often legalize their immigration status without a sponsor, and with a plan to request a waiver of any criminal or immigration violations as part of the T Visa process.
Extra protections for minors (people under age 18) who are victims of trafficking
T Visas are available for people who have been a victim of Human Trafficking – which the law breaks down into Labor Trafficking and Commercial Sex Trafficking (and an attorney advises an applicant on that eligibility – you do not have to know what kind of victim you are!)
The special considerations for minors (people under 18) mean that unlike adult victims, minors DO NOT have to show force/fraud/coercion for commercial sex trafficking because they can never consent to a sexual act while under 18.
Minors who were labor trafficked (or victims of attempt or conspiracy to traffic) are considered to be more vulnerable, so it takes less to show there was coercion given the power imbalance between minors and adults. Often, a minor may not have realized when they were young, what coercion was taking place – but as an adult may still be able to apply for the T Visa.
For a person who is under 18 – Even if they are not T Visa qualified, but who has experienced trafficking anywhere in the world, there is a process – through the Shepherd Program under the US Department of Health and Human Services – to get them a social security number and some public benefits (which can include Medicaid and an EBT card for cash/food assistance).
Who can apply?
T Visas can be available to individuals of any nationality (other than U.S. citizens, who don’t need status).
People with temporary lawful presence (like DACA (Deferred Action for Childhood Arrivals) or other types of status (e.g., H-1B) may also be eligible for T Visas in certain cases.
If a person has a pending asylum case, they might also be eligible for a T Visa, and it may give them an opportunity to complete their immigration process in a less adversarial environment. A T Visa may also be a faster option than a U Visa for victims of certain qualifying crimes, and you may apply for both at the same time.
If a person is completely without status (e.g., undocumented, or a visa overstay, or has a prior deportation), it is possible for them to still be T Visa eligible with an approved Waiver of Inadmissibility.
Benefits and Duration
T Visas provide several important benefits to survivors of trafficking. These include:
- Temporary immigration status for 4 years,
- The ability to work legally in the United States for 4 years,
- Access to some social support services as soon as the crime is reported (even before the T Visa is filed) through the Trafficking Victims Assistance Program (TVAP),
- Access to certain federal and state benefits and services after the T Visa is approved, and
- The possibility of getting derivative T Visas for qualifying family members (including a spouse, children – and sometimes even siblings and parents, with additional legal requirements).
After a certain period of continuous presence in the United States (and other requirements), T Visa holders may be eligible to apply for lawful permanent resident (LPR) status (mostly known as a “green card”).
Then, after meeting the requirements for naturalization, T Visa holders and approved derivatives with LPR status can take steps to become a US Citizen.
Legal Protections: T Visa holders are granted certain rights and protections under U.S. law. These include:
- Protection from removal or deportation (and waiver of past offenses, if the I-192 Waiver of Inadmissibility is approved),
- The ability to pursue civil remedies against traffickers,
- Confidential processing of their case by USCIS (meaning, there will not be a court hearing and USCIS will not inform the trafficker, your family, your community members, or anyone else that you have applied for a T Visa).
Examples of Victimization for T Visa
The eligibility criteria for T Visas include that the applicant is a Victim of Severe Trafficking, which can include forced labor, sexual exploitation, or involuntary servitude, among other things (more technical terms like “commercial sex” and “debt bondage”). Attempted trafficking and conspiracy to traffic are also enough to consider a person to be a victim of trafficking.
But what does this look like in real life? Here are some examples of trafficking stories:
- Trafficking while entering the United States
Sometimes the trafficking takes place when a person is being targeted by smugglers as LGBTQIA+ and then made to have sex, smuggle drugs, or cook and clean, or do other things in a threatening environment. A person may willingly come to the US (perhaps to flee discrimination in their home country), only to encounter abuse along the way. Even if this happened decades ago, it may still qualify a person for a T Visa.
- Sometimes “attempt” or “conspiracy” to traffic will be the basis of a case, meaning that the person was not actually trafficked, but that the trafficker had some kind of a plan to victimize them.
Example: A member of a church or religious community is molesting boys from the youth group that they see as “gay.” One of the boys was thankfully not victimized; the molester did not act upon it with this young person. However, all the boys may be considered victims of attempt and therefore have T Visa options.
- “Involuntary servitude” may take place in many situations – but most commonly, it is failure to pay, failure to pay on time, and discrimination/harassment in the workplace that creates a coercive environment resulting in some kind of labor or service performed that the person would not have done freely without that abusive environment.
For example: in a restaurant, an employee is paid late. The supervisor or co-workers make sexually harassing comments, often including offensive LGBTQIA+ jokes., The employer or supervisors don’t protect the employee from having to put up with these labor abuses.
- Sometimes the trafficking takes place when the person is under age 18, which has even more protections for the victim.
Example: An abuser offers a person under 18 their first alcohol or drugs and then tries to get them to have sex. This may be considered “commercial sex trafficking” or “attempted commercial sex trafficking” because a thing of value is offered in exchange for sex – and a minor cannot legally consent to that. Even if the person felt “willing” to do a sex act, being under the age of 18 means the person lacked the legal ability to consent. Thus, the victim does not have to prove “force, fraud or coercion.”
- Sometimes a family member or close friend is the trafficker.
Example: In a relationship, there is domestic abuse that results in sexual servitude or a situation where there is labor exploitation within or outside the household.
- Example of Commercial Sex Trafficking (Actual or Attempted) through Social Media
A person is playing an online game. They make a few friends and start chatting through the game platform. Soon, one particular individual reaches out on other social media as well with friend requests. It seems to go well at first in a friendly way, but the individual starts demanding that the person send pictures, sending explicit pictures of their own, and demanding to meet up in person for sex, or they’ll out this person to their community. This is making the person uncomfortable and is now turning into an abusive situation that may be part of a commercial sex trafficking T Visa. A lawyer screening a potential client may want to know about any such communications received on any social media.
Abusers commonly use dating apps, game chats, forums, DMs, and other social media to abuse their victims, and this can lead to commercial sex trafficking, including through verbal abuse and harassment, demands for sex or pictures, threats (such as to “out” someone or share private pictures or texts), and blackmail. Minors can be especially vulnerable to such abuse online.
Our law office and others who help trafficking victims use “Power & Control Wheels” to discuss what happened with the victim and help understand the complex dynamics of many exploitative and abusive situations. There are also specific Power and Control Wheels that help discuss abuse in for LGBTQIA+ individuals – for example: https://www.loveisrespect.org/lir-files/LGBT-Power-and-Control-Wheel.pdf).
Special Considerations for LGBTQIA+ identifying T Visa Applicants
LGBTQIA+ identifying individuals can be at a greater risk of being trafficked due to a multitude of complex, intersectional factors and there are just as many factors that keep this population from reaching out for help.
Please note that this also includes individuals that are not LGBTQIA+ identifying but that are perceived, or believed by their abuser, to be part of that group.
Why Are LGBTQIA+ People More Likely to Be Trafficked?
LGBTQIA+ individuals often find themselves at the intersection of societal stigma and discrimination. This unfortunate reality can lead to social isolation and a lack of support from their communities. Traffickers, recognizing this isolation, exploit it to their advantage. They offer false promises of acceptance, love, or belonging, drawing victims into exploitative situations.
In addition to societal discrimination, LGBTQIA+ youth face a higher risk of family rejection. This rejection can force them into homelessness, making them more susceptible to trafficking. Traffickers may target unhoused or housing-insecure LGBTQIA+ individuals, providing shelter and support as a means to recruit them into trafficking situations.
Also, the lack of legal protections in many countries leaves LGBTQIA+ individuals vulnerable to various forms of discrimination, harassment, or violence. The fear of reporting abuse or exploitation to authorities, due to potential discrimination or persecution, often keeps victims silent and trapped in trafficking situations. Economic disparities and limited job opportunities compound these issues, as discrimination in the job market can restrict LGBTQIA+ individuals’ access to stable employment. Traffickers exploit their financial vulnerabilities by promising a better life, ultimately coercing them into trafficking situations.
Moreover, in regions with harsh anti-LGBTQIA+ laws or societal attitudes, LGBTQIA+ individuals may be forced to migrate to seek safety. During the migration process, they can become vulnerable to traffickers who exploit their lack of legal status and unfamiliarity with local laws and customs.
Challenges Faced by LGBTQIA+ Trafficking Victims in the U.S.
Upon arriving in the United States, LGBTQIA+ trafficking victims encounter a unique set of challenges. One of the most significant challenges is the fear of disclosing their status to authorities or service providers due to potential discrimination or persecution. This fear can deter them from seeking assistance and protection, leaving them in exploitative situations.
Additionally, limited access to culturally competent healthcare is a significant concern. Some LGBTQIA+ individuals may avoid seeking healthcare services due to discrimination or a lack of culturally competent care. Consequently, they may have unmet healthcare needs, which traffickers can exploit.
Discrimination in the job market poses yet another challenge. LGBTQIA+ individuals may be forced into precarious employment situations due to this discrimination, making them susceptible to traffickers who exploit their need for income, coercing them into exploitative labor situations. Trafficking may also present itself in the workplace where a co-worker or supervisor or customer of the business is the perpetrator, so with employment or self-employment, LGBTQIA+ immigrants may be facing victimization by multiple people, or they may feel it is “normal” to be subjected to this abuse in the workplace. In working environments, heterosexism, transphobia, biphobia, homophobia, and acephobia can play a role in creating a situation that rises to the level of “labor trafficking.” If you are not sure, an attorney can help you figure it out.
Vulnerability to sex trafficking or labor exploitation is a grave concern particularly for transgender individuals within the LGBTQIA+ community. The demand for commercial sex work often operates underground and is less regulated, making it easier for traffickers to exploit victims. In some cases, LGBTQIA+ individuals may also be subjected to labor exploitation in sectors where labor rights abuses are prevalent.
The threat of blackmail and intimidation further compounds the challenges faced by LGBTQIA+ trafficking victims. Traffickers may exploit them by threatening to disclose their sexual orientation or gender identity to family, friends, or employers. This not only coerces them into trafficking situations but also perpetuates a cycle of fear and control.
The internet is also a specific danger. Solicitation, recruitment and harassment happen on social media and through other forms of cyberharassment. Traffickers can use technology to target LGBTQIA+ victims more easily. This kind of behavior can take many forms such as name-calling, derogatory jokes, intrusive or hostile questioning, threatening to ‘out’ someone, and it is very coercive.
Often limited access to support services that are sensitive to their needs and experiences hinders the ability to escape exploitative situations and recover. Trafficking may have escalated to in-person violence, sexual assault, sexually transmitted infections, unwanted tattoos or brands, permanent scarring, financial hardship, loss of safe housing, debt, and more.
Additionally, language and cultural barriers can be significant obstacles for LGBTQIA+ immigrants and refugees, preventing them from seeking help or understanding their rights in their host countries. These barriers can make them easier targets for traffickers who exploit their vulnerability. This abuse can happen verbally, in writing, in person or virtually (e.g., by email, messages, social media). Whatever form it takes, it is always unacceptable.
Legal-medical needs of LGBTQIA+ clients are of major importance. Support by mental health, legal, and medical professionals in the community can help with more positive outcomes. The T Visa is designed to provide some relief to LGBTQIA+ survivors of sex or labor exploitation.
How Helen Tarokic Law works with LGBTQIA+ T Visa Applicants
T Visas play a crucial role in recognizing the rights and needs of trafficking victims, including those within the LGBTQIA+ community. They offer a lifeline to survivors, providing them with legal protection, access to support services, and an opportunity to rebuild their lives in the United States. Our law firm is uniquely committed to assisting applicants in obtaining T Visas, with observation and respect for the unique factors affecting the lives of LGBTQIA+ identifying applicants.
Our law firm recognizes the intricate web of challenges that LGBTQIA+ trafficking victims confront, from societal discrimination to vulnerabilities in the United States. By acknowledging and understanding these unique circumstances, we reinforce our commitment to providing compassionate, culturally sensitive, and specialized legal support. Our mission is to ensure that LGBTQIA+ trafficking victims receive the justice and protection they deserve, empowering them to rebuild their lives and move forward with confidence.
How Helen Tarokic Law works with LGBTQIA+ T Visa Applicants
T Visas can play a crucial role in recognizing the rights and needs of trafficking victims, including those within the LGBTQIA+ community. They can offer a lifeline to survivors, providing them with legal protection, access to support services, and an opportunity to rebuild their lives in the United States. Our law firm is uniquely committed to assisting applicants in obtaining T Visas, with observation and respect for the unique factors affecting the lives of LGBTQIA+ identifying applicants.
Our law firm recognizes the intricate web of challenges that LGBTQIA+ trafficking victims confront, from societal discrimination to vulnerabilities in the United States. By acknowledging and understanding these unique circumstances, we reinforce our commitment to providing compassionate, culturally sensitive, and specialized legal support. Our mission is to ensure that LGBTQIA+ trafficking victims receive the justice and protection they deserve, empowering them to rebuild their lives and move forward with confidence.
At Helen Tarokic Law, we provide private, confidential legal services at our law firm. We will do our best to help applicants in a caring and professional way and focus on their needs and immigration goals. For example, if an applicant is a victim of trafficking but they are not comfortable talking about their LGBTQIA+ identity, it may be possible to do a T Visa case without having to reference LGBTQIA+ status based victimization. If the applicant is willing to talk with us about what happened, though, it may make it easier for us to help. We try to meet people where they are in life, and will do our best to but inclusive, professional, and balanced in our case assessment and strategy.
If you have experienced anything like the circumstances described in this article (or are generally looking for immigration options) please reach out to our office at to schedule a consultation.
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