When a person survives human trafficking and applies for a T visa, they do not have to seek safety alone. The U.S. government recognizes that keeping families together is vital for a survivor’s recovery. Because of this, the law allows certain family members to receive legal status as well. These relatives are called “derivatives,” and they can live and work in the United States alongside the primary applicant.
Who Can Apply for Their Family?
Whether a family member will be able to join a T-Visa is based on the age of the main applicant (the T-1 victim). If the survivor applying for a T-Visa is less than 21 years of age, more family members are eligible to accompany them.
Eligible family members include the survivor’s spouse; their unmarried children (under 21); the survivor’s parents; and their unmarried siblings (under eighteen). This means that when T visa survivors are younger, they are more likely to have access to their whole support network upon applying.
If the survivor is 21 years or older, the rules are slightly different. These adults can apply for their spouse and their unmarried children under 21. In some special cases, regardless of the survivor’s age, other relatives like parents or siblings may qualify if they face a “present danger of retaliation” because the survivor escaped or helped the police.
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The Benefits of Derivative Status
Family members who receive a derivative T visa get several important benefits. First, they receive legal status to stay in the United States for up to four years. They also become eligible to apply for a work permit. This allows the family to support themselves and build a stable life without depending on others.
Another major advantage is the path to permanent residency. After the primary survivor has held their T visa for three years, they can apply for a green card. Their family members can usually apply for their green cards at the same time. This turns a temporary shield into a permanent home for the whole family.
You can also read: Why Every Immigrant Deserves Legal Protection
How to Start the Process
To include family members, the survivor must file a special form called Form I-914, Supplement A. This can be done at the same time the survivor applies for themselves or later on. The government does not charge a fee to file this form for trafficking survivors. It is important to provide proof of the relationship, such as marriage or birth certificates.
If the family members are already in the United States, they may get their status quickly after approval. If they are in another country, they will need to visit a U.S. embassy or consulate to finish the process. Because these rules are detailed, many families work with an immigration lawyer to ensure every form is correct.
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