• In order to be able to satisfy the conditions as to receive a T-1 visa:
1. The T-1 visa applicant has to be a victim of a severe form of trafficking;
2. Is an individual who either is less than eighteen years of age or is willing to assist in every reasonable way in the investigation and prosecution of traffickers, and
3. The person is needed by the U.S. government to effectuate prosecution of traffickers or has applied for a T (or victim's) Visa.
• The T-1 visa applicant in reality is a victim of a severe form of trafficking by having to be forced to perform commercial sex acts or is forced to work against his or her will, and is willing to assist the government with the prosecution of the concerned traffickers.
• Under the revised T-1 visa, victims that have suffered a severe form of trafficking are eligible for greater protection.
• What is required for the T-1 visa?
1. The applicant must show that he or she:
(i.) Is a victim of a severe form of trafficking; &
(ii.) Was physically present in the United States, American Samoa, or the Commonwealth of the Northern Mariana Islands on account of trafficking; &
(iii.) Is in compliance with any reasonable request for assistance by prosecutors; and
(iv.) The T-1 applicant would suffer extreme hardship involving unusual and severe harm upon removal.
2. The T-1 visa is available as well for the spouse, children, and parents of the T-1 visa victim. In order to be eligible for the T-1 Visa those concerned individuals have to less than twenty-one years of age. The spouse and children of T-1 visa victim who are older than twenty-one years of age will be allowed entry into the United States as under a T-1 visa if the U.S. government determines it necessary to avoid extreme hardship.
• How long is the T-1 Visa available? The T-1 Visas are valid for three years and are not renewable. The T-1 visa victims (and their families) who obtain T Visas may work lawfully in the United States and will receive employment authorization from the INS for the duration of the visa period. The government will also provide T-1 Visa holders with referrals to non-governmental organizations that will advise the victim of his or her options while in the United States and of appropriate resources available to the victim.
• Is there any way for a T-1 visa holder to change their status as to become a U.S. permanent resident? The answer is Yes! T-1 visa holders (and their families) may adjust their T-1 status to lawful permanent resident status after three years if:
1. The T-1 visa applicant has complied with any reasonable request for aiding the U.S. Government in their investigations or prosecution of acts of trafficking; or
2. The T-1 visa applicant would suffer extreme hardship involving unusual and severe harm upon removal.
• Around how many T-1 visas are available each year? There is a limit of 5,000 T Visas available each year to victims, not including their relatives. This number may or may not be adequate, but Congress may review the limit in the event that it is insufficient to protect victims.
An example on how the T-1 visa works: Filimina, from the Central Asian Nation of Tlaxcali, is convinced by Mr. Mystery that he and his friends can help her into the United States and get her a job as an actress so she can support her poor single mother and siblings. Filimina is then put on a caravan truck, goes across many borders until she reaches the Pacific Ocean and is then put on a cargo ship with its destination, New York City. Filimina arrives in New York City illegally and instead of working as an actress as promised, she is forced by the party that provides housing for her to work as a prostitute against her will. 1 month later, the NYC police raid the house where Filimina is. It is in this type of situation where a T-1 visa would be available for the victim, Filimina.