T Visa for Survivors of Human Trafficking: Eligibility and Criminal-Record Waivers

The T visa protects survivors of severe forms of human trafficking who are in the United States because of that trafficking. It offers lawful status, work authorization, and a path to permanent residence. Because traffickers often force victims to commit offenses — from prostitution-related charges to document fraud or drug transport — many survivors also carry criminal records. The T visa includes one of the broadest waivers in immigration law to address exactly that situation.

Eligibility Requirements

• You are or were a victim of a severe form of trafficking — sex trafficking, or labor trafficking obtained through force, fraud or coercion.
• You are physically present in the United States, American Samoa, the CNMI or at a port of entry on account of the trafficking.
• You have complied with reasonable requests from law enforcement, unless you were under 18 or cannot cooperate because of physical or psychological trauma.
• You would suffer extreme hardship involving unusual and severe harm if removed.

The application is filed on Form I-914 with a detailed personal statement and supporting evidence. DHS updated the T visa regulations in 2024, clarifying several of these standards.

Cooperation with Law Enforcement

Form I-914 Supplement B, a declaration from a law enforcement agency, is optional but valuable evidence of both victimization and cooperation. Survivors who never reported, or whose reports were not pursued, can still qualify by showing reports, emails, or other evidence of their willingness to help, or by explaining why trauma made cooperation impossible.

Criminal Records and the 212(d)(13) Waiver

INA § 212(d)(13) allows USCIS to waive most grounds of inadmissibility for T applicants when doing so is in the national interest, and it specifically considers whether criminal activity was caused by or incident to the trafficking. Offenses committed while under a trafficker's control are treated very differently from unrelated conduct. Survivors should also explore state vacatur laws: New York's CPL 440.10(1)(i) allows trafficking survivors to vacate certain convictions that resulted from being trafficked.

Family Members

Principal applicants may petition for certain family members on Form I-914 Supplement A — including spouses and children, and for applicants under 21, parents and unmarried siblings under 18. Family members facing present danger of retaliation may also qualify in some circumstances.

From T Visa to Green Card

T nonimmigrants can apply to adjust status after three years of continuous physical presence, or sooner if the investigation or prosecution is complete, as certified by the Attorney General. They must show good moral character and continued compliance with reasonable law enforcement requests. The statutory cap of 5,000 principal T visas per year has not historically been reached.

Frequently Asked Questions

Do I need to be in the U.S. legally to apply? No. Many T applicants entered without inspection or overstayed, and the waiver can cover those grounds.

Can I apply if I am in removal proceedings? Yes. Immigration judges frequently continue or administratively close cases while USCIS decides the T visa.

Related Guides on This Site

We cover a closely connected question in U Visa Certification: How to Obtain Form I-918 Supplement B. If this applies to you, VAWA Self-Petitions: Good Moral Character and Criminal History explains what else to consider. A related scenario is analyzed in Asylum, Withholding of Removal and CAT Protection with a Criminal Record.

You may also find How Many Illegal Immigrants Have Criminal Immigration useful. See also our guide What Are Some Significant Cases That Have Involved the Writ of Mandamus in Immigration Law. Immigration and Labor Compliance an Analysis of OCAHO Cases in the Construction Industryhe issues overlap with those discussed in Immigration and Labor Compliance an Analysis of OCAHO Cases in the Construction Industry.

You can browse every guide in Humanitarian Protection, compare them with our USCIS Process & Forms guides, or open the complete directory of legal guides.

When a Case Stops Moving: Federal Court Options

Humanitarian applications — asylum, U and T visas, VAWA and SIJS — face some of the longest backlogs, and federal courts regularly hear delay cases in these categories. The resources below explain, step by step, how delay litigation works and when it makes sense.

Recognizing an Unreasonable Delay

Before deciding whether a federal lawsuit makes sense, it helps to measure the delay objectively. A concrete example is the FOIA and I-485 case study, where the file itself exposed the cause of the delay. Applicants should also understand how the USCIS discretion memo for adjustment cases affects pending green card files. If you are unsure how long is too long, the guide Is My Case Stuck? walks through the warning signs of a stalled file. Many applicants worry about retaliation, a concern addressed in does mandamus hurt my case. Survivors and other humanitarian applicants should read about delays at the HART Service Center and how they are challenged. Pending security screening is one of the most frequent causes of long waits, discussed in FBI name check mandamus cases. Obtaining your own file can reveal why a case is stuck, and FOIA mandamus actions compel agencies to release it.

Mandamus for Specific Forms and Programs

Delay litigation looks different for each type of application, so form-specific guidance is essential. When a relative petition sits untouched, mandamus for I-130 delays may be appropriate. Employment-based petitioners should see I-140 mandamus options. When an employment authorization document is late, mandamus for EAD delays can protect a job. For K-1 petitions that stall at USCIS, see mandamus for fiancé visa petitions. Conditional residents waiting years to remove conditions may benefit from I-751 mandamus. When advance parole or a reentry permit is late, consider mandamus for a delayed I-131. Permanent residents waiting on a new card should read about mandamus for I-90 renewals. Provisional waiver applicants can review I-601A mandamus strategies. The asylum backlog is addressed in mandamus for delayed asylum interviews. When a VAWA self-petition stalls, mandamus for VAWA delays may help. Age-sensitive SIJ cases can be protected through mandamus for SIJS petitions. Follow-to-join petitions that stall are discussed in mandamus for I-730 delays. Investors facing long EB-5 waits can consider EB-5 mandamus. Investors waiting to remove conditions should read about I-829 mandamus. When a labor certification stalls, see mandamus for PERM delays. Cases held at a U.S. embassy may be challenged through mandamus for consular delays. Because diversity visas expire at the end of the fiscal year, mandamus for DV lottery winners is time-sensitive. Naturalization applicants waiting for an interview can consider N-400 mandamus. Naturalization applicants waiting after the interview should read about section 1447(b) petitions. After a naturalization denial and an N-336 hearing, N-400 denial review under 1421(c) allows a fresh look in federal court. Delays in expeditious naturalization for children are covered in mandamus for N-600K cases. When an immigration court case is stuck, see mandamus against EOIR. Spouses waiting on K-3 processing should follow the K-3 mandamus class action. Upcoming changes to minimum amounts are covered in the 2027 EB-5 investment adjustment. For adjustment of status delays, see mandamus for a delayed I-485.

The Legal Standards Courts Apply

Federal judges evaluate delay cases under a well-developed body of law. Jurisdictional objections under section 242's discretionary review bar are frequently rejected in delay cases. Typical arguments raised by the U.S. Attorney are summarized in defenses the government raises in mandamus cases. Where you file matters, as explained in choice of forum for delay litigation. Opposing a government motion to move the case is discussed in defending against venue transfers. Courts measure delay using the TRAC unreasonable delay factors. Most complaints plead both theories, a strategy explained in APA vs mandamus. For the choice between remedies, see declaratory judgment compared with mandamus. Courts require a specific, required action under Norton v. Southern Utah Wilderness Alliance. Agency interpretations receive less deference after Loper Bright and mandamus cases. The Supreme Court's ruling on spouses abroad is discussed in consular nonreviewability after Muñoz.

Recent Decisions and Case Studies

Real outcomes help set realistic expectations. The naturalization mandamus case illustrates how long citizenship delays are resolved. For a comparative view of administrative silence, see how Italian remedies compare with U.S. mandamus. Decisions continue to evolve, as tracked in mandamus case law updates. Recent rulings are summarized in mandamus decisions from summer 2026. Influential rulings are discussed in notable cases in immigration mandamus. A permanent resident's dispute over abandonment is described in the I-407 mandamus case. Crime victims can learn from the U visa delay case study.

Mandamus in State Courts

State governments have their own versions of the writ. New Yorkers challenging agency inaction should read about New York mandamus under Article 78. New Jersey residents can review prerogative writ actions in New Jersey. Texas practice is covered in the Texas writ of mandamus guide. Missouri follows its own procedure under Missouri Rule 94 mandamus. State practice is summarized in state-court mandamus.

Where to File: District-by-District Guidance

Local practice varies significantly among federal districts. Dallas-area applicants can see Northern District of Texas mandamus. New York City applicants can review mandamus in the Southern District of New York. Brooklyn, Queens and Long Island residents can review EDNY mandamus. For New Jersey cases, read mandamus in the D.N.J.. Connecticut residents can review mandamus in the D. Conn.. Filing in the capital is covered in mandamus in the District of Columbia. Detroit-area filings are discussed in mandamus in the E.D. Mich.. Start with the overview of USCIS mandamus by district. Texas filers can consult Southern District of Texas mandamus guidance.

Representation, Costs and Fees

Practical questions about cost and counsel often decide whether a case is filed. Fee recovery is addressed in EAJA fees in mandamus cases. Limited-income applicants may find help through pro bono mandamus resources. The question of whether you need a separate mandamus lawyer depends on your existing counsel. Immigration attorneys can partner through mandamus co-counsel arrangements. If you plan to file without a lawyer, read how to file mandamus pro se.

Resources Across Our Legal Network

Immigration problems rarely stay in one lane. Our affiliated sites cover related areas of law in more depth, in English, Spanish and Italian.

Federal Writs and Delay Litigation

For writs against stalled agencies, visit mandamus.com. Additional analysis is available at Mandamus.net. Practical articles on litigation strategy appear at Mandamus.biz. For a quick overview, see mandamus.me. Updates on delay litigation are posted at Mandamus.live. Spanish-speaking readers can find guidance at Mandamus.es. For foundational material, visit writofmandamus.com. Detention challenges are covered at WritOfHabeasCorpus.com.

Criminal Defense and Immigration Counsel

Return to the Criminal Immigration Law homepage for all practice areas. Finding the right advocate is the focus of CriminalImmigrationLawyer.com. Defendants facing computer offenses can read computercrime.net. For immigration matters in North Texas, see dallasimmigration.org. Commentary on court orders appears at lawandorders.us. Information on legal services is collected at lawfirms.services. Animal-related legal matters are handled at The Animal Law Center. People living between countries can read taxresident.net.

Citizenship, Visas and Italian-American Resources

Children who derived citizenship can learn more at n600.com. Expeditious naturalization for children is covered at n600k.com. Consular reports of birth abroad are explained at CRBA.it. Italian-Americans exploring dual citizenship can visit cittadinanza.com. U.S. visa information for Italian speakers is at VistiUSA.com. Business and investor visas are covered at Visto.business. For U.S. visa questions in Italian, visit vistoamericano.it. Italian speakers can follow U.S. immigration topics at immigrazione.com. Additional Italian-language guides are at immigrazione.info. U.S. immigration resources for Italians are at Immigrazione.us.

Attorneys in Our Network

Learn more about the attorney at simonebertollini.com. Firm information is also available at Bertollini.org. The firm's litigation practice is presented at bertollini-oreilly.com. Italian-speaking clients can find counsel at Avvocato.co.