T-Visa for Trafficking Victims in Montana in MT… | CGMIMM
Immigration · MT
T-Visa for Trafficking Victims in Montana
Montana human-trafficking victims may qualify for the T-visa — federal immigration relief that allows victims to remain in the U.S., work, and eventually become permanent residents.
Published May 8, 2026
## T-visa for trafficking victims in Montana
The **T-visa** (T nonimmigrant status) was created by the Trafficking Victims Protection Act of 2000 to provide immigration relief to victims of severe human trafficking who cooperate with law enforcement.
## Eligibility — four main requirements
**1. Victim of severe form of trafficking:**
- **Sex trafficking** — recruitment / transportation / harboring of person for commercial sex induced by force / fraud / coercion (or under 18 regardless of force)
- **Labor trafficking** — recruitment / transportation / harboring for labor or services through force / fraud / coercion for slavery / debt bondage / involuntary servitude
**2. Physical presence in U.S.** on account of trafficking:
- Currently in U.S.
- Or attempting to leave U.S. within reasonable time of escape from trafficking
- Or escaped trafficking less than 4 years ago
**3. Compliance with reasonable law enforcement requests:**
- Cooperate with investigations / prosecutions
- Exception for victims under 18 (no cooperation required)
- Exception for victims with physical / psychological trauma
**4. Extreme hardship if removed:**
- Demonstrating unusual / severe hardship if returned to home country
- Trauma / psychological harm relevant
- Lack of resources / family support relevant
- Risk of re-trafficking relevant
## Annual cap
**5,000 principal T-visas annually** (10,000 originally, but capped at 5,000 in practice). Derivatives are not capped.
Despite the cap, **most years see fewer than 5,000 approvals** — applicants face long processing rather than cap waiting list.
## Documentation
**Form I-914** application requires:
- Personal statement / declaration
- Evidence of trafficking
- Evidence of cooperation (or exception)
- Evidence of hardship if removed
- Background information
- Form I-914 Supplement A for derivatives
**Law-enforcement endorsement (LEA Endorsement):**
- Helpful but NOT required (unlike U-visa)
- Form I-914 Supplement B available
- Can be from federal, state, or local LE
## What T-visa provides
- **4-year T status**
- **Employment authorization** (EAD)
- **Travel** with passport (limited; advance parole sometimes needed)
- **Path to green card** after 3 years of T status (or upon completion of investigation)
- **Eventual U.S. citizenship** through normal naturalization
- **Federal benefits** — T-visa holders qualify for many federal benefits (Medicaid, housing, etc.)
- **Refugee assistance** programs
## Derivatives
T-visa derivatives include:
- **Spouse of victim**
- **Children under 21** (regardless of marital status)
- **Parents** (if victim is under 21)
- **Unmarried siblings under 18** (if victim is under 21)
Derivatives also receive employment authorization + path to green card.
## T-visa vs U-visa
Both protect crime victims; key differences:
| | T-Visa | U-Visa |
|---|---|---|
| Crime | Trafficking only | List of qualifying crimes |
| Cap | 5,000 annual | 10,000 annual |
| LE Endorsement | Helpful (not required) | Required |
| Family | Limited derivatives | Same as T |
| Hardship Standard | Extreme | None |
| Cooperation | With reasonable requests | Helpful to LE |
Some victims qualify for both — typically T-visa is preferred when eligible.
## Continued Presence (CP)
**Continued Presence** is short-term immigration relief while T-visa application pending:
- Granted by ICE upon request from law enforcement
- Temporary work authorization
- Doesn't require T-visa application yet
- Bridge to T-visa or other relief
## Trafficking Victims Protection Reauthorization Act (TVPRA)
Periodic reauthorization adds protections:
- TVPRA 2008 — strengthened minor victim protections
- TVPRA 2017 — extended T-visa benefits
- TVPRA 2022 — additional victim services + housing
## Resources
- **National Human Trafficking Hotline:** 1-888-373-7888
- **Polaris Project** — operates hotline + advocacy
- **Office on Trafficking in Persons (OTIP)** — HHS division
- **Local domestic violence + sexual assault programs** — many handle trafficking too
- **Catholic Charities, IRC, Tahirih Justice Center** — non-profit T-visa representation
- **State trafficking task forces** — most states have one
## Process
1. **Identify as trafficking victim** (often through law enforcement, NGO, or hotline)
2. **Stabilize** — medical care, housing, basic needs
3. **Connect with attorney / advocate**
4. **Continued Presence** application if eligible (interim relief)
5. **Document trafficking** — declarations, evidence, witness statements
6. **File Form I-914** with USCIS Vermont Service Center
7. **Bona Fide Determination** — interim work authorization while waiting
8. **Final approval** — typically 2-5+ year wait
9. **Adjustment of status** to LPR (3 years after grant or upon investigation completion)
## What you should do
If you (or someone you know) is a trafficking victim in Montana: contact the National Human Trafficking Hotline (1-888-373-7888) immediately. Many Montana non-profit organizations provide FREE legal services for T-visa cases (Catholic Charities, Polaris-affiliated programs, immigration legal aid). T-visas are powerful but complex; specialized counsel is essential.
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*This guide is general information about U.S. federal immigration law as of early 2026 and is not legal advice. T-visa law is technical. Talk to a licensed immigration attorney or qualified non-profit about your specific case.*
This guide is for general information only and does not constitute legal advice. Laws change and outcomes depend on your specific situation — talk to a licensed attorney before acting on anything you read here.