Immigration Law

Form I-914: Eligibility and Filing Instructions

Learn about Form I-914, eligibility criteria, and step-by-step filing instructions for T Visa applicants and family members

Introduction to Form I-914

Form I-914, also known as the Application for T Nonimmigrant Status, is a crucial document for victims of human trafficking who wish to remain in the United States. The form is used to apply for T Visa status, which allows eligible individuals to live and work in the US for up to four years.

To be eligible for a T Visa, applicants must demonstrate that they are victims of severe forms of human trafficking, and that they would suffer extreme hardship involving unusual and severe harm if removed from the US. The application process involves submitting Form I-914 to US Citizenship and Immigration Services (USCIS).

Eligibility Criteria for Form I-914

To be eligible for a T Visa, applicants must meet specific criteria, including being a victim of severe forms of human trafficking. This includes sex trafficking, labor trafficking, and other forms of exploitation. Applicants must also demonstrate that they have complied with any reasonable request for assistance from law enforcement in the investigation or prosecution of acts of trafficking.

Additionally, applicants must show that they would suffer extreme hardship involving unusual and severe harm if removed from the US. This can include physical or psychological harm, as well as harm to their family members or other dependents.

Filing Instructions for Form I-914

To file Form I-914, applicants must submit the completed form to USCIS, along with supporting documentation and evidence. This can include police reports, medical records, and statements from law enforcement officials or other witnesses. Applicants must also pay the required filing fee, which is currently $0, although there may be additional costs for biometric services.

Applicants can file Form I-914 online or by mail, although online filing is generally faster and more convenient. It is recommended that applicants seek the assistance of an experienced immigration attorney to ensure that their application is complete and accurate.

Supporting Documentation for Form I-914

To support their application, T Visa applicants must provide extensive documentation, including evidence of their status as a victim of human trafficking. This can include police reports, court documents, and medical records, as well as statements from law enforcement officials, social workers, or other witnesses.

Applicants must also provide documentation to demonstrate their identity, such as a passport or birth certificate, as well as proof of their relationship to any family members who are also applying for T Visa status.

Processing Time and Next Steps

The processing time for Form I-914 can vary, although USCIS generally aims to process applications within 6-12 months. Once the application is received, USCIS will review it for completeness and accuracy, and may request additional evidence or documentation if necessary.

If the application is approved, the applicant will be granted T Visa status, which allows them to live and work in the US for up to four years. After three years, T Visa holders may be eligible to apply for a green card, which provides permanent residence in the US.

Frequently Asked Questions

What is the purpose of Form I-914?

Form I-914 is used to apply for T Visa status, which allows victims of human trafficking to live and work in the US for up to four years.

Who is eligible for a T Visa?

To be eligible, applicants must be victims of severe forms of human trafficking and demonstrate that they would suffer extreme hardship if removed from the US.

What documentation is required to support a T Visa application?

Applicants must provide evidence of their status as a victim of human trafficking, as well as documentation to demonstrate their identity and relationship to any family members who are also applying.

How long does it take to process a T Visa application?

The processing time can vary, although USCIS generally aims to process applications within 6-12 months.

Can family members of T Visa applicants also apply for T Visa status?

Yes, certain family members of T Visa applicants may be eligible to apply for T Visa status, including spouses, children, and parents.

What are the next steps after a T Visa application is approved?

If the application is approved, the applicant will be granted T Visa status, which allows them to live and work in the US for up to four years, and may be eligible to apply for a green card after three years.