To qualify for a T, you have to: 

• Be the victim of a severe form of human trafficking, meaning either:
  • labor trafficking: when someone is compelled to work or provide services through the use of force, fraud, or coercion; or 
  • sex trafficking: where a commercial sex act is induced through force, fraud, or coercion, OR when a person under 18 years old is induced to perform such an act 
• Be in the U.S. because of the trafficking:
  • report trafficking to law enforcement or other agency that has the authority to detect, investigate or prosecute trafficking (i.e. police, prosecutor, judge, labor agency, child protective agency) and  
• Cooperate with reasonable requests for assistance, unless:
  • you were under the age of 18 at the time at least 1 of the acts of trafficking occurred;
  • or you are unable to cooperate due to physical or psychological trauma; 
• Show that you would suffer extreme hardship if you were removed (deported) from the U.S.; and show that you are otherwise eligible to obtain lawful status (are “admissible” to the U.S.) or qualify for a waiver (like a pardon).

Some victims may not realize that they are being or have been trafficked. These questions might helpful to ask:

• Are you forced to live in the same place as where you work?
• Are you not allowed to talk with anyone, especially the police or anyone in authority?
• Is someone keeping your documents away from you, such as your ID, passport, or other identity documents?
• Has anyone ever forced you to work for little or no pay and/or do work beyond what you were promised or told?
• Have you been harmed or threatened by your boss or the person who controls your money or job?
• Have you ever been forced to work to repay a debt?
• Are you under 18 years old and trading sex for money, food, or a place to stay?
• Are you engaging in sexual acts for money or anything of value (i.e. rent, food) against your will or out of fear?

With T status, you can:

• obtain for a work permit and a Social Security Number;
• apply for lawful permanent residence (green card) after three years in T status, or less if the U.S. government has determined the trafficking investigation or prosecution is completed;
• apply for T status for certain family members;
• generally, avoid deportation from the U.S.

T status has certain limitations:

• It’s temporary. It is only valid for 4 years but could be extended under certain circumstances. After 3 years, or possibly less, you can apply for a green card.
• There is an annual limit. The U.S. government can only approve T status to 5,000 applicants per year. If the limit is reached, applicants will be placed on a waitlist and will receive work authorization and deferred action status (low priority for removal) until final T status approval.
• It can be risky to travel outside the U.S. even with a T.
• Applying for a T can be more complicated if you have your own criminal history or have violated immigration laws.

Under NYC Executive Order 41, NYC agencies are prohibited from asking you about your immigration status unless necessary to determine your eligibility for a certain benefit/service or if they are investigating illegal activity.

NYPD’s policy is to not inquire about the immigration status of crime victims, witnesses, or others who call or approach the police seeking assistance.

Based on current processing times, it takes approximately 1-2 years to get a final decision on an application for T status.

The U.S. government will do an initial review your application after it’s filed and can issue a “bona fide determination,” which means the application was properly completed with all required initial documents and background checks don’t indicate a threat to national security.

With a “bona fide determination,” an applicant is eligible for work authorization/social security number and deferred action (low priority for removal), and those with a removal order receive an automatic stay that prevents their deportation, until a final decision is made.

You can apply for T status even if you are currently in Immigration Court, and even if an Immigration Judge has already ordered your removal (deportation).

If you receive a “bone fide” determination while your T status application is pending, there is an automatic stay which prevents the U.S. government from deporting you until there a final decision is made.

The Mayor’s Office of Immigrant Affairs has additional resources that might be helpful.

As with any emergency situations or if you need immediate assistance, please call 911.   

 You can also reach out to the National Human Trafficking Hotline at 1-888-373-7888 or via their website.  You can reach the Hotline 24 hours a day, 7 days a week in more than 200 languages. All calls are confidential. 

If you live or work in New York City, you can call The Mayor’s Office of Immigrant Affairs (MOIA) Immigration Legal Support Hotline at 800-354-0365 or call 311 and say “Immigration Legal”, between 9:00 AM to 6:00 PM, Monday to Friday, for legal help with applying for T non-immigrant status or to explore other potential immigration options for which you may be eligible.  

You can also visit their website for more detailed information.  

The information in this document has been prepared by The Legal Aid Society for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act upon any information without retaining professional legal counsel.