## T-visa for trafficking victims in South Dakota 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 South Dakota: contact the National Human Trafficking Hotline (1-888-373-7888) immediately. Many South Dakota 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. --- *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.*