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Legal Information: Federal

Immigration

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Laws current as of September 18, 2019

I think I am eligible for a T visa. Will I definitely get one if I apply?

Congress limited the number of T visas that USCIS is allowed to give each year to 5,000,1 but that limit has never been reached. Even if it is, this would not mean your T visa would be denied, it would just not be approved as quickly; you would have to wait until the next year for which the 5,000 visas had not yet all been awarded.2

Also, some T visas applications are denied. The most common reason T visas are denied are because the trafficking victim applicants:

  • did not provide enough information;
  • couldn’t show they met one of the requirements to get a T visa; or
  • didn’t file the right forms.

Working with an attorney with experience in human trafficking cases can help you avoid these problems, but USCIS may still deny your case if it does not agree with your attorney’s arguments. If it does, you may still be able to try again, or to ask USCIS to change its decision by filing a motion to reopen, motion to reconsider, or an appeal. You will have the best chance of success if a lawyer helps you.

1 8 C.F.R. § 214.210(a)
2 8 CFR 214.210(b)