Form I-914 is the official application used to request T nonimmigrant status, commonly called a T visa, from U.S. Citizenship and Immigration Services (USCIS). This visa protects survivors of severe human trafficking by allowing them to live and work legally in the United States for up to four years, with a potential path to a green card. To qualify, applicants must show they are trafficking survivors, are physically present in the U.S., and have cooperated with law enforcement, though exceptions exist for minors and those who cannot cooperate due to trauma. Depending on the situation, additional supplement forms such as I-914, Supplement A for family members and I-914, Supplement B for law enforcement certification may be required.
At Shankar & Associates PC, immigration attorney Rajat Shankar helps trafficking survivors and their families on Long Island and throughout New York. Our immigration attorneys guide applicants through every stage of the T visa process, from building a strong evidence file to filing with USCIS and responding to requests for additional documentation.
This guide explains what Form I-914 is, who qualifies for a T visa, what documents you need, how to file in New York, and what happens after you apply. We understand how sensitive this process can be, and our dedicated team is here to protect your rights and help you navigate your path to safety. To schedule a confidential consultation with a T visa immigration lawyer in New York and start your application process, please call (800) 461-1467.
What Is Form I-914 and What Is It Used For?
Form I-914, officially titled “Application for T Nonimmigrant Status,” is the form you file with USCIS to request temporary immigration benefits as a human trafficking survivor. Congress created the T nonimmigrant status in October 2000 as part of the Victims of Trafficking and Violence Protection Act (TVPA). The T visa serves two purposes. It protects trafficking victims by granting legal status, and it strengthens law enforcement’s ability to investigate and prosecute traffickers.
When approved, T nonimmigrant status allows you to remain in the United States for an initial period of up to four years. During that time, you can apply for work authorization, access certain federal and state benefits, and build toward eligibility for lawful permanent residence. The form itself is accompanied by two supplemental forms that serve distinct purposes.
| Form | Full Name | Purpose |
|---|---|---|
| I-914 | Application for T Nonimmigrant Status | Main T visa application for the trafficking survivor |
| I-914A | Supplement A, Application for Derivative T Nonimmigrant Status | Derivative status for qualifying family members |
| I-914B | Supplement B, Declaration for Trafficking Victim | Law enforcement certification (strongly recommended but not strictly required) |
Who Qualifies to File Form I-914?
Under federal law, you may be eligible for T nonimmigrant status if you meet all of the following requirements. You must be or have been a victim of a severe form of trafficking in persons. You must be physically present in the United States because you were trafficked. You must have complied with any reasonable request from law enforcement for assistance in detecting, investigating, or prosecuting trafficking. And you must show that you would suffer extreme hardship involving unusual and severe harm if removed from the country.
These requirements work together under 8 C.F.R. § 214.11, which governs the eligibility and adjudication of T nonimmigrant status applications. Missing even one element can result in a denial, which is why building a thorough application with strong supporting evidence is critical.
What Counts as Human Trafficking Under T Visa Rules?
The TVPA defines two categories of “severe forms of trafficking in persons” under 22 U.S.C. § 7102. Sex trafficking involves recruiting, harboring, transporting, or obtaining a person for a commercial sex act through force, fraud, or coercion. It is also considered sex trafficking when the person is under 18 years old. Labor trafficking involves obtaining a person for labor or services through force, fraud, or coercion for purposes of involuntary servitude, peonage, debt bondage, or slavery.
USCIS evaluates whether the applicant experienced one of these forms of trafficking based on the totality of the evidence submitted. This evidence can include a personal declaration, law enforcement records, court documents, medical records, news articles, and affidavits from people familiar with the applicant’s situation.
What Are the Exceptions to the Law Enforcement Requirement?
The law enforcement cooperation requirement has two important exceptions. If you were under 18 years old at the time at least one act of trafficking occurred, you do not need to show that you cooperated with law enforcement. If you are unable to cooperate due to physical or psychological trauma, you may also qualify for an exemption.
Form I-914, Supplement B, is the law enforcement certification that documents both your status as a trafficking victim and your cooperation with authorities. While filing Supplement B is strongly recommended because it provides direct corroboration from law enforcement, it is not strictly required. You may submit other evidence, such as police reports, trial transcripts, or records of communication with law enforcement, instead of or in addition to Supplement B.
Key Takeaway: To qualify for a T visa, applicants must show they are a trafficking survivor physically present in the U.S., have complied with reasonable law enforcement requests (with exceptions for minors and trauma victims), and would suffer extreme hardship if deported.
Immigration Attorney in Plainview, NY – Shankar & Associates PC
Rajat Shankar, Esq.
Rajat (Raj) Shankar is an immigration attorney whose work is shaped by his own experience as an immigrant. He came to the United States at eight years old, obtained his green card, and later became a U.S. citizen. This experience inspired him to dedicate his career to helping others through the immigration process. He earned his Juris Doctor magna cum laude from Touro College Jacob D. Fuchsberg Law Center in 2012 and holds a Bachelor of Arts in Mathematics from East Stroudsburg University. He was admitted to the New York Bar in 2013.
Mr. Shankar has experience across all areas of immigration law, including Cancellation of Removal, Asylum, Deportation Defense, and Employment-Based Immigration for both workers and employers. His own experience with the immigration system and his legal training help him relate to clients who are dealing with difficult and important situations. From his office in Plainview, he serves immigrant communities throughout Nassau County and Long Island.
What Documents Do You Need to File Form I-914?
A complete I-914 application requires several categories of supporting evidence. According to USCIS, you must submit:
- A personal statement describing the trafficking you experienced
- Evidence that you are or were a victim of a severe form of trafficking in persons
- Evidence that you are physically present in the United States because you were trafficked
- Evidence that you complied with reasonable law enforcement requests, or that you qualify for an exception or exemption
- Evidence of admissibility, or Form I-192 (Application for Advance Permission to Enter as a Nonimmigrant), if you need a waiver of inadmissibility grounds
Corroborating evidence can include police reports, court documents, medical and psychological records, news articles, affidavits from witnesses, and letters from nongovernmental organizations (NGOs) that assisted you. USCIS applies a “any credible evidence” standard, which means it considers all relevant evidence rather than requiring one specific type of documentation.
What Is a Personal Statement for the T Visa?
The personal statement is one of the most important parts of an I-914 application. This written statement describes the trafficking you experienced in your own words. It explains how you were recruited or forced, what happened to you, and how the experience affected your life.
A strong personal statement is detailed, consistent, and credible. It should explain the timeline of events clearly and connect to your experience as a survivor of severe trafficking. Because this declaration often carries significant weight, both legally and personally, many applicants work with an immigration attorney to ensure the statement is thorough and well-organized, while addressing the eligibility requirements.
Can Family Members Be Included on a T Visa Application?
Yes. Qualifying family members may apply for derivative T nonimmigrant status by filing Form I-914, Supplement A. The family members who qualify depend on the principal applicant’s age at the time of filing.
If the principal applicant is 21 or older, eligible derivatives include a spouse and unmarried children under 21. If the principal applicant is under 21, eligible derivatives include a spouse, unmarried children under 21, parents, and unmarried siblings under 18. This broader eligibility for younger applicants reflects the additional vulnerability of minors in trafficking situations.
How Do You File Form I-914 in New York?
Applicants in New York mail Form I-914 directly to the USCIS Elgin Lockbox. There is no filing fee. Applicants for T nonimmigrant status do not have to pay fees for any related forms through adjustment of status.
The mailing addresses for applicants in New York and the broader Northeast region are:
U.S. Postal Service (USPS):
USCIS
Attn: I-914
P.O. Box 4221
Carol Stream, IL 60197-4221
FedEx, UPS, and DHL:
USCIS
Attn: I-914 (Box 4221)
2500 Westfield Drive
Elgin, IL 60124-7836
Before mailing, confirm that the form edition date and page numbers are visible at the bottom of all pages. If any pages are missing or come from a different edition, USCIS may reject the application. Any documents in a foreign language must include a certified English translation along with a translator’s certification of completeness and accuracy.
What Happens After You Submit Form I-914?
After USCIS receives your application, the process follows several steps. First, you receive a receipt notice confirming that your application was accepted. USCIS then schedules a biometrics appointment, where your fingerprints, photograph, and signature are collected for background checks. Nassau County residents and applicants on Long Island typically complete biometrics at a local USCIS Application Support Center (ASC).
USCIS may issue a Request for Evidence (RFE) if your application is missing information or requires additional documentation. In-person interviews are possible but relatively rare for T visa cases. After reviewing all evidence, USCIS issues a final decision approving or denying the application.
How Long Does It Take to Get a T Visa?
Processing times for Form I-914 vary, but applicants should generally expect the process to take a year or longer. Federal law caps T visas at 5,000 per year for principal applicants, though derivative family members do not count toward this limit. While the cap was never reached for over two decades, demand has surged, and the 5,000 cap was reached for the first time in Fiscal Year 2023. If USCIS approves your application after the cap is reached, you are placed on a waitlist until new visas become available the following fiscal year.
Even with a waitlist, an important interim protection is the “Bona Fide Determination.” If USCIS reviews your case and determines that your application is bona fide (meaning it appears legitimate and meets initial requirements), you may receive temporary work authorization and protection from deportation while your full application is still under review or pending on the waitlist. This provides critical stability during the waiting period.
Key Takeaway: Form I-914 is filed by mail directly with USCIS at no cost. After filing, applicants may receive a bona fide determination granting interim work authorization and protection from deportation while the full application is reviewed. Processing can take a year or more.
What Are the Benefits of T Visa Status in New York?
T visa holders receive several important protections and benefits under federal law. You receive an Employment Authorization Document (EAD), which allows you to work legally in the United States. You are also protected from removal proceedings while in valid T nonimmigrant status.
New York provides additional resources for trafficking survivors beyond federal benefits. The New York State Office of Temporary and Disability Assistance (OTDA) administers human trafficking assistance programs, including referrals to housing, medical care, legal services, and social support. The U.S. Department of Homeland Security (DHS) Blue Campaign also provides anti-trafficking resources and reporting mechanisms available to survivors nationwide.
The non-immigrant status is initially granted for up to four years. T visa holders may become eligible to apply for lawful permanent residence through adjustment of status after three years of continuous physical presence in the United States. They can also apply sooner if the law enforcement investigation or prosecution is complete.
Key Takeaway: T visa holders in New York can legally work, access certain public benefits, and remain in the U.S. for up to four years. After three years of continuous presence, they may be eligible to apply for a green card.
Can a T Visa Lead to a Green Card in New York?
Yes. T visa holders may apply for lawful permanent residence (a green card) by filing Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS. This path to permanent status is one of the most significant protections the T visa program offers.
To qualify for adjustment of status, you generally must have been physically present in the United States for a continuous period of at least three years since receiving T nonimmigrant status. You may qualify sooner if the law enforcement investigation or prosecution of the trafficking is complete. You must also demonstrate good moral character and continued compliance with reasonable requests for assistance from law enforcement throughout that period.
Once you receive a green card, you are no longer subject to the time limitations of T nonimmigrant status and can remain in the country as a lawful permanent resident. This adjustment of status process applies regardless of whether you originally filed your I-914 from Nassau County, another part of New York, or elsewhere in the United States.
Key Takeaway: T visa holders may apply for a green card after three years of continuous presence in the U.S., or sooner if the law enforcement investigation is complete. This requires filing Form I-485 with USCIS.
What Are Common Reasons Form I-914 Gets Denied?
USCIS may deny a T visa application for several reasons. The most common include insufficient evidence of trafficking, failure to demonstrate cooperation with law enforcement, inability to show extreme hardship if removed, and inadmissibility grounds such as certain criminal convictions or immigration violations.
Insufficient evidence is the most preventable reason for denial. Applications that lack a detailed personal statement, contain internal inconsistencies, or fail to include corroborating documentation are more likely to face issues. Providing as much supporting evidence as possible, including medical records, police reports, NGO letters, and witness affidavits, makes the application stronger and reduces the chance of an RFE or denial.
Inadmissibility grounds do not necessarily mean your application will fail. If you are inadmissible, you may file Form I-192 alongside your I-914 to request a waiver. USCIS weighs the severity of the inadmissibility ground against your status as a trafficking survivor when evaluating waiver requests. Many trafficking survivors face inadmissibility issues that are directly connected to their trafficking experience, and USCIS recognizes this during adjudication.
Get Legal Assistance from a Plainview, NY Immigration Attorney Today
Filing Form I-914 requires more than completing paperwork. T visa applicants are often survivors of severe trauma who must describe painful experiences in writing, gather evidence from multiple sources, and meet specific legal standards. A single gap in documentation or an inconsistency in the personal statement can lead to a denial or a lengthy request for additional evidence.
Immigration attorney Rajat Shankar at Shankar & Associates PC has experience across all areas of immigration law, including humanitarian relief for vulnerable populations. Our immigration lawyers work with trafficking survivors to prepare thorough I-914 applications, draft detailed personal statements, obtain corroborating evidence, and respond to USCIS requests. We understand the sensitivity these cases require and provide guidance at every step.
Call Shankar & Associates PC at (800) 461-1467 to schedule a consultation. Our office is located at 518 Plainview Rd, Plainview, NY 11803, and we serve clients across Nassau County, Long Island, and the greater New York area.