If you have survived human trafficking, you may be carrying fear on top of everything you’ve already endured: fear of being deported, fear of retaliation, fear that no one will believe you, or fear that your family will be left behind.
You deserve more than survival. You deserve safety, stability, and a future you can control.
A T visa (T nonimmigrant status) is a form of immigration relief created to protect certain survivors of human trafficking. For eligible applicants, it can provide a lawful way to remain in the United States, request permission to work, and later apply for a green card.
At the Law Office of Nita Kundanmal, P.C., we help trafficking survivors in New Jersey, New York, and across the United States pursue T visas and other humanitarian immigration relief options with care and respect. Our bilingual team includes immigrants who understand how overwhelming the system can feel, especially when you are trying to rebuild your life.
If you are looking for a T visa lawyer in New Jersey or a T visa attorney in Hackensack, this guide will walk you through what matters most, and what to do next.
If You’re Afraid of Deportation, Start Here
Many survivors avoid seeking help because they worry, “If I come forward, I’ll get in trouble.”
T visa law exists because trafficking victims are often controlled through threats, isolation, and fear. The legal process can still feel intimidating, but you do not have to guess your way through it.
The safest next step is usually a confidential conversation with an attorney who can evaluate your situation, explain the risks, and identify what protections may be available.
At the Law Office of Nita Kundanmal, P.C., we can have a confidential conversation with you and help you understand what options may fit your situation.
What a T Visa Can Do for You
A T visa is not just paperwork. For many survivors, it can be a turning point, because it can support stability while you rebuild.
Depending on your situation, a T visa may allow you to:
- Remain in the United States in lawful status for a period of time. T status is generally granted for up to four years (and may be extended in limited circumstances).
- Request work authorization so you can support yourself legally.
- Seek protection for certain qualifying family members in the U.S. or abroad.
- Apply for a green card later if you meet the legal requirements.
- Possibly access certain ORR-funded benefits and services if OTIP issues the required Certification, Eligibility, or Interim Assistance letter and you meet program rules.
Note: Benefits are not “automatic.” They depend on program rules and required documentation.
Do I Qualify for a T Visa? The Core Requirements
T visa law is detailed, but most cases come down to a few key questions. In general, USCIS looks for evidence that you:
- Are a victim of a severe form of trafficking in persons (labor trafficking or sex trafficking, including attempted trafficking).
- Are physically present in the United States because of the trafficking (for example, you were brought here, kept here, or your continued presence is connected to what happened).
- Cooperated with reasonable law enforcement requests, if required. This requirement generally applies to people who were 18 or older at the time of at least one trafficking act. There are important exceptions, including for minors and certain trauma-related circumstances.
- Would suffer extreme hardship involving unusual and severe harm if removed (this can include safety risks, retaliation, trauma-related harm, and other serious consequences).
- Are admissible or qualify for a waiver. Even if you have immigration complications, some survivors may qualify for waivers depending on the circumstances.
If you’re reading this and thinking, “I’m not sure what applies to me,” that is normal. Most survivors do not fit into a neat box. A solid T visa case is often built by carefully connecting the law to the real facts of your life, step by step.
“I Don’t Have Proof.” What Evidence Matters in a Real T Visa Case
A common fear is: “I don’t have documents, so I can’t apply.”
You may still have options.
Evidence can include many types of information, such as:
- messages or call logs
- employment records, schedules, or pay records (even if incomplete)
- medical records or counseling records
- police reports or communications with advocates
- witness statements
- photos, travel records, or location history
- your personal declaration explaining what happened in detail
A strong declaration often becomes the backbone of the case, supported by whatever other evidence is available.
What T Visa Cases Can Look Like (Hypothetical Examples)
The examples below are hypothetical and are included only to help explain how the process may work. They are not real clients, and every case depends on its specific facts.
Example 1: Labor Trafficking in a Private Home
A survivor comes to the U.S. for what they believe is legitimate work. Their documents are taken, they are isolated, threatened, and prevented from leaving.
A case like this may involve:
- documenting the survivor’s experience in a detailed personal declaration,
- gathering any supporting evidence that exists (even small pieces), and
- filing Form I-914 with USCIS to request T nonimmigrant status.
Example 2: Threats Against Family Abroad
A survivor is recruited for work, then controlled through threats, sometimes including threats against family members outside the U.S.
In cases like this, an attorney may evaluate both the survivor’s eligibility and whether certain relatives could qualify for derivative T status, including in situations involving a present danger of retaliation connected to the trafficking or cooperation with law enforcement.
Can a T Visa Help Protect My Family?
For many survivors, the most urgent concern is family, children, spouses, parents, or siblings, especially when traffickers know where loved ones live.
T visa law allows certain derivative family members to apply, depending on:
- the survivor’s age,
- the family relationship,
- and in some cases, whether there is present danger of retaliation connected to trafficking or cooperation.
In general, derivatives may include:
If the survivor is under 21:
- spouse
- unmarried children under 21
- parents
- unmarried siblings under 18
If the survivor is 21 or older:
- spouse
- unmarried children under 21
In certain present-danger situations (regardless of age), additional relatives may qualify under the regulations.
This is one reason a careful screening matters early, so you don’t miss time-sensitive family protection options.
Work Authorization and Early Protection While Your Case Is Pending
Survivors often ask: “How am I supposed to survive while I’m waiting?”
USCIS has a process called a bona fide determination (BFD) for certain pending T visa applications. If USCIS determines an application is bona fide, USCIS may, in its discretion, grant deferred action and issue a BFD-based employment authorization document while the full case is decided.
Note: This is not guaranteed, and eligibility depends on the application and USCIS processing, but when available, it can provide critical breathing room.
Important: T Visas Have an Annual Cap
By law, USCIS may grant no more than 5,000 T-1 approvals in any fiscal year. When the cap is reached, USCIS may use a waiting list process for certain applicants.
From T Visa to Green Card: When Long-Term Status May Be Possible
A T visa is temporary, but it can open a path to permanent residence for survivors who meet the legal requirements.
In general terms, USCIS may allow a T visa holder to apply for a green card if they can show things like:
- required continuous presence (often around three years in T status, or certain alternatives tied to the investigation/prosecution),
- good moral character,
- compliance with law enforcement requests where required (or a valid exception), and
- ongoing extreme-hardship considerations.
This stage matters because it can move a survivor from temporary safety toward lasting stability.
What It’s Like to Work With a T Visa Attorney in New Jersey
If you contact our office about trafficking-related immigration relief, the process typically includes:
- Confidential consultation to understand what happened and what you need right now.
- Safety-focused screening (including prior immigration history and any immediate risks).
- Strategy planning (T visa, or alternatives like U visas, VAWA, asylum, SIJS, or other options depending on facts).
- Evidence and declaration development to build the strongest possible case.
- Filing and follow-up (including responding to USCIS requests and tracking case progress).
- Long-term planning for family protection and potential green card steps.
You should never feel like you are carrying this alone.
Common Fears and Myths About T Visas
Survivors often tell us:
- “If I talk to the police, I will be deported.”
- “No one will believe me.”
- “I don’t have proof.”
- “My case is too old.”
Here is what matters:
- You do not need to have every document to pursue a T visa. Your personal declaration is often central, and other supporting evidence can be gathered over time.
- Cooperation with law enforcement is not always required, and exceptions can apply, especially for minors and certain trauma-related circumstances.
- Older trafficking situations may still qualify depending on how your current presence in the U.S. relates to what happened and the hardship you would face if removed.
If you are unsure whether you qualify, that uncertainty is often the reason to speak with a T visa attorney, not a reason to give up.
A Safe Next Step: Talk to Someone Who Can Protect Your Options
If you are a survivor of human trafficking, or you believe someone you care about may be at risk, you do not have to figure this out alone.
At the Law Office of Nita Kundanmal, P.C., we represent clients in Hackensack, New Jersey, throughout New Jersey and New York, and nationwide in T visa and other humanitarian immigration matters.
When you reach out, we can listen with respect and confidentiality, explain what options may fit your situation, and help you take the next step in a way that prioritizes safety and long-term stability.
Call 201-890-7684 or contact us online to schedule a confidential consultation.
Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.