Green Card for a Victim of Trafficking (T Nonimmigrant)

Green Card for a Victim of Trafficking (T Nonimmigrant)

The T nonimmigrant status (also known as the T visa) provides immigration protection to victims of severe forms of human trafficking. The T visa also allows victims to remain in the United States and assist federal authorities in the investigation and prosecution of human trafficking cases. For more information on how to apply for a T nonimmigrant visa, see our Victims of Human Trafficking webpage.

Those who have been granted T nonimmigrant status may file for a green card (permanent residence) after meeting certain requirements.

Eligibility Criteria

To apply for a green card as a T-1 nonimmigrant (principal), you must meet the following conditions:

• You have been physically present in the United States for:
  • A continuous period of at least 3 years since the first date of admission as a T-1 nonimmigrant
  • A continuous period during the investigation or prosecution of acts of trafficking, and the Attorney General has determined the investigation or prosecution is complete, whichever period of time is less
• You have been a person of good moral character since first being admitted as a T-1 nonimmigrant and until the decision on your Form I-485
• You have complied with any reasonable request for assistance in the investigation or prosecution of acts of trafficking since first being admitted as a T-1 nonimmigrant and until a decision on your Form I-485
• You would suffer extreme hardship involving unusual and severe harm upon removal from the United States
• You are admissible to the United States as a permanent resident.

Application Process

You may apply for a green card after you have held T nonimmigrant status for three years. If you file before meeting the three year status requirement your application will be denied, unless you have submitted a certification from the Attorney General that the investigation or prosecution is complete.

To obtain a green card, you must file Form I-485, Application to Register Permanent Residence or Adjust Status. Detailed instructions and requirements are included in special instructions on Form I-485, Application to Register Permanent Residence or Adjust Status, Supplement E (see the link to the right).

Information for Derivative Family Members

Family members who were granted derivative T nonimmigrant status are eligible to apply for a green card if:

• You are the family member of a T-1 principal applicant
• You are in lawful T-2, T-3, T-4, or T-5 derivative nonimmigrant status
• The T-1 principal applicant’s Form I-485 application is currently pending, or is being filed at the same time as your I-485 application
• The T-1 principal meets the eligibility requirements for adjustment of status (a green card)
• You are admissible to the United States as a permanent resident