If you survived human trafficking, you may feel overwhelmed and uncertain about where to begin. At Mendoza Law, our Long Beach T Visa lawyers help survivors secure safety, lawful status, and family stability through the T Visa process.
With over 100 years of combined experience, our team handles T Visa filings, derivative family applications, waivers, and case strategy in Long Beach and across Southern California. Our Long Beach humanitarian visa lawyers guide you step by step, providing compassionate and strategic support while keeping your goals front and center.
Whether you experienced sex or labor trafficking, our team is here to assist survivors regardless of whether an arrest or prosecution occurred. Call us for a free consultation.
What a T Visa Provides
A T Visa offers critical protections and benefits to victims of severe human trafficking, including:
- Lawful status in the U.S. for up to four years (extensions are possible in limited circumstances).
- Employment authorization (EAD), which allows you to work legally.
- A path to a green card, making you eligible to apply for lawful permanent residence after three years in T‑1 status or earlier if the investigation or prosecution of the trafficking concludes.
These protections help survivors rebuild their lives, providing stability and a secure future. Our Long Beach immigration lawyers help you throughout the application process.
Eligibility Requirements Under the T Visa Law
To qualify for a T Visa, you must show that you:
- Are a victim of severe human trafficking (sex or labor trafficking through force, fraud, or coercion).
- Are physically present in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a U.S. port of entry because of the trafficking.
- Have complied with reasonable law enforcement requests to assist in the trafficking investigation or prosecution. This cooperation is not required if you were under 18 at the time of the trafficking, or you are unable to cooperate due to physical or psychological trauma.
- Would face extreme hardship involving unusual and severe harm if removed from the U.S.
If applicable, our Long Beach T Visa attorneys prepare waiver requests for any inadmissibility issues that could impact eligibility.
Pending Cases and Work Permits
As of August 28, 2024, USCIS may issue deferred action and a BFD EAD (Employment Authorization Document) after completing a bona fide determination (BFD). You must file Form I‑765 under category (c)(40) to be considered.
This decision is discretionary, not automatic, and represents a key change to support survivors with temporary work permits while their case is pending. Before this rule, there was no T‑specific BFD work permit available.
The Application Process and Evidence
Your sworn statement is the foundation of your T Visa application, and additional evidence can strengthen your claim. Examples include:
- Form I‑914, Supplement B (law enforcement certification) or reports showing interaction with police, prosecutors, or service providers.
- Counseling, medical, or psychological evaluations documenting harm.
- Court documents, travel records, or employment records showing exploitation, control, or threats.
- Affidavits from witnesses, advocates, or service providers.
- Proof of extreme hardship, such as country reports or personal safety concerns.
While Form I‑914, Supplement B (law enforcement certification) is helpful, it is not required. Other credible evidence can establish your eligibility. We assess your situation and will identify the strongest supporting documentation for your case.
Derivative Family Members and Family Reunification
Certain family members may qualify for derivative T status based on the principal applicant’s age:
- If under 21: Spouses, children, parents, and unmarried siblings under 18 may qualify.
- If 21 or older: Spouses and children are eligible.
If the principal is 21 or older and certain relatives (e.g., parents, unmarried siblings under 18, or the child of a derivative) face present danger of retaliation because of the trafficking, they may also qualify for derivative status.
For family members abroad, we assist with consular processing and document preparation for identity, relationship, and security checks.
Waivers for Inadmissibility
Many inadmissibility grounds may be waived for T Visa applicants under INA 212(d)(13) (primary authority) or 212(d)(3) (fallback authority). USCIS reviews waiver requests on a case-by-case basis, weighing public safety, rehabilitation, and humanitarian concerns.
Our team strengthens your waiver by documenting mitigating factors such as:
- Rehabilitation or personal recovery.
- Family or humanitarian hardship.
- Connection to your trafficking experience.
Our T Visa attorneys serving Long Beach are in your corner every step of the way.
Travel Considerations and Continuous Presence
Travel outside the U.S. can impact your T Visa application or ability to adjust to a green card. Don’t travel without legal advice. USCIS typically requires advance parole for re-entry, and long trips may disrupt your continuous physical presence, which is required for green card eligibility.
Our T Visa lawyers serving Long Beach help you plan to protect your status and ensure compliance with legal requirements.
Confidentiality Protections for T Visa Applicants
Confidentiality is a cornerstone of the T Visa program. Federal laws under 8 U.S.C. § 1367 and related DHS regulations restrict agencies from disclosing information about T Visa applicants to perpetrators or unauthorized parties.
Our firm prioritizes secure communication and ensures that all case information is handled with the utmost care to protect your safety.
Rights and Benefits After T Visa Approval
T status offers significant rights and benefits to promote stability and recovery, including:
- Lawful status for up to four years (renewable in select situations).
- EADs for both the principal applicant and qualifying derivatives.
- Access to survivor-centered services, such as counseling, housing, and assistance programs.
- Eligibility for a green card after three years in T‑1 status or earlier if law enforcement confirms the trafficking investigation or prosecution is complete.
We help you access these benefits in a way that reduces stress and focuses on your long-term recovery.
Work With a Long Beach T Visa Attorney Today
If you are ready to take the next step toward safety and stability, Mendoza Law is here to help. We handle T Visa cases with care and clarity, whether filing for the first time, addressing RFEs, or assisting derivatives abroad.
Contact us today for a free and confidential consultation. Let us help you move forward with confidence toward a secure future for you and your loved ones.