T Visa for Trafficking Survivors in California: How Victims Can Get Legal Protection

Last Updated: February 2026

If you or someone you know has been a victim of human trafficking, you are not alone. The T Visa was created specifically to protect survivors like you — and California law is on your side.

Human trafficking is one of the most devastating crimes in the world, and it happens far more often than most people realize — including right here in California. Whether you were forced into labor, domestic servitude, or sexual exploitation, federal immigration law provides a path to safety, legal status, and eventually a Green Card through the T Nonimmigrant Status, commonly known as the T Visa.

This guide explains everything trafficking survivors in California need to know about the T Visa: who qualifies, how to apply, what protections you receive, and how to access the community resources that can help you rebuild your life.

What Is the T Visa?

The T Visa is a form of immigration relief created by Congress under the Trafficking Victims Protection Act (TVPA) of 2000. It was designed to accomplish two goals:

1. Protect survivors of severe forms of human trafficking by granting them lawful immigration status in the United States.
2. Encourage cooperation with law enforcement to investigate and prosecute traffickers.

What Is a “Severe Form of Trafficking in Persons”?

Under federal law, a “severe form of trafficking in persons” falls into two categories:

Common Examples of Trafficking in California

Trafficking takes many forms. In California, common scenarios include:

• Agricultural labor trafficking — Workers brought to Central Valley farms under false promises, then forced to work excessive hours with little or no pay, with documents confiscated
• Domestic servitude — Individuals forced to work as housekeepers or nannies in private homes, often isolated from the outside world
• Restaurant and hospitality exploitation — Workers in Los Angeles, San Francisco, or San Diego restaurants held in debt bondage
• Massage parlor and commercial sex exploitation — Victims forced into commercial sex work in illicit businesses across major California cities
• Construction labor trafficking — Workers promised legitimate construction jobs but subjected to wage theft, threats, and unsafe conditions
• Trafficking of minors — Children and teenagers exploited for commercial sex, particularly in urban areas along the I-5 corridor

T Visa Eligibility Requirements

To qualify for a T Visa, you must demonstrate all of the following:

1. You Are or Were a Victim of a Severe Form of Trafficking

You must show that you were subjected to sex trafficking or labor trafficking as defined above. USCIS will evaluate your personal declaration, any supporting evidence, and the totality of circumstances.

2. You Are Physically Present in the United States

You must be in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a U.S. port of entry on account of the trafficking. This means you were brought to or remained in the U.S. because of your trafficking situation.

3. You Have Complied with Reasonable Requests from Law Enforcement

If you are 18 years of age or older, you must demonstrate that you have complied with any reasonable request for assistance from law enforcement in the investigation or prosecution of the trafficking. This can be shown through a law enforcement agency (LEA) endorsement on a supplemental form, though an endorsement is not required — you can submit other evidence of compliance or show an exception applies.

4. You Would Suffer Extreme Hardship Involving Unusual and Severe Harm if Removed

You must show that being deported from the United States would cause you extreme hardship. Factors USCIS considers include the nature and severity of the trafficking, the impact on your physical and mental health, the availability of social services and legal protections in your home country, and the likelihood of re-trafficking.

How to Apply for a T Visa: Step-by-Step

Step 1: Secure Your Safety

Before anything else, make sure you are in a safe location. If you are still in a trafficking situation, contact the National Human Trafficking Hotline at 1-888-373-7888 (available 24/7, multilingual support) or text 233733. In California, you can also call the California Department of Justice trafficking tip line.

Step 2: Consult with an Immigration Attorney

The T Visa application is detailed and requires substantial documentation. Working with a knowledgeable immigration attorney in Los Angeles, San Diego, San Francisco, San Jose, or elsewhere in California is strongly recommended. An attorney can help you compile evidence, draft your personal declaration, and navigate the process.

Step 3: File Form I-914 (Application for T Nonimmigrant Status)

The primary form for the T Visa application is Form I-914. There is no filing fee for this form. Along with Form I-914, you will typically submit:

• Form I-914, Supplement A — for qualifying family members
• Form I-914, Supplement B — the law enforcement agency (LEA) declaration (if available)
• A detailed personal declaration — your own written statement describing the trafficking, your experience, and how you meet each eligibility requirement
• Supporting evidence — medical records, police reports, photographs, news articles, country conditions reports, letters from social workers or therapists, and any other documentation that supports your claim

Step 4: Obtain Employment Authorization

When you file Form I-914, you can simultaneously file Form I-765 (Application for Employment Authorization) at no cost. USCIS can issue an Employment Authorization Document (EAD) to T Visa applicants, often on a preliminary basis before the full case is decided.

Step 5: Await USCIS Decision

T Visa applications are processed by the USCIS Vermont Service Center. Processing times vary, but USCIS has made efforts to prioritize these cases. If approved, you will receive T Nonimmigrant Status for up to four years.

Step 6: Apply for Adjustment of Status (Green Card)

After holding T Visa status for three continuous years (or when the investigation/prosecution is complete), you may apply for a Green Card using Form I-485. To adjust status, you must show:

• Continuous physical presence in the U.S. for at least three years
• Good moral character during that period
• Compliance with reasonable law enforcement requests (or an exception applies)
• That you would suffer extreme hardship if removed

Our attorneys provide confidential, trauma-informed legal consultations for trafficking survivors

T Visa vs. U Visa: What Is the Difference?

Many trafficking survivors ask about the difference between the T Visa and the U Visa. While both are forms of immigration relief for crime victims, they serve different purposes:

California-Specific Trafficking Laws and Protections

California has some of the strongest anti-trafficking laws in the nation. Key protections include:

California Penal Code Section 236.1

This statute makes human trafficking a felony in California, with penalties of up to 20 years in state prison for labor trafficking and up to life imprisonment for sex trafficking involving minors. California law recognizes both force-based and fraud-based trafficking.

California’s Victim Compensation Program (CalVCB)

Trafficking survivors in California may be eligible for compensation through the California Victim Compensation Board (CalVCB), which can cover expenses such as medical treatment, mental health counseling, lost wages, and relocation costs. Applications can be filed regardless of immigration status.

Safe Harbor Law for Minors

Under California law, minors who are commercially sexually exploited are treated as victims, not criminals. Law enforcement is directed to connect child trafficking victims with services rather than prosecute them.

Vacatur Relief (Penal Code Section 236.14)

Trafficking survivors in California can petition to vacate (erase) criminal convictions that were the direct result of their trafficking. This is critically important for survivors who were arrested for offenses committed while under the control of their trafficker — such as prostitution, drug offenses, or theft.

California TRUST Act and Sanctuary Protections

California’s TRUST Act and other state laws limit cooperation between local law enforcement and federal immigration authorities. This means that coming forward to report trafficking should not, in most circumstances, result in being turned over to ICE. California’s SB 54 (California Values Act) further restricts state and local law enforcement from using resources for immigration enforcement.

Addressing the Fear of Coming Forward

We understand that the decision to seek help is incredibly difficult. Many trafficking survivors fear:

• Deportation — “If I go to the police, will they deport me?”
• Retaliation from the trafficker — “My trafficker threatened to hurt my family.”
• Disbelief — “No one will believe what happened to me.”
• Shame and stigma — “People will judge me for what I was forced to do.”
• Distrust of law enforcement — “In my home country, police were part of the problem.”

Community Resources for Trafficking Survivors in California

You do not have to go through this alone. California has extensive resources available to trafficking survivors:

National Hotlines

• National Human Trafficking Hotline: 1-888-373-7888 (24/7, multilingual)
• Text line: Text “HELP” or “INFO” to 233733
• National Domestic Violence Hotline: 1-800-799-7233

California-Specific Resources

• California Department of Social Services — Office of Trafficking and Crime Victim Assistance (OTCVA): Provides funding for direct services to trafficking victims
• CalVCB (California Victim Compensation Board): Financial assistance for crime victims — victims.ca.gov
• California Against Slavery: Statewide advocacy and resources

Healthcare Access

Trafficking survivors in California can access healthcare regardless of immigration status through:

• Medi-Cal — California’s Medicaid program, which provides full-scope coverage to certain trafficking survivors
• Emergency Medi-Cal — Available regardless of immigration status for emergency conditions
• Community health centers — Federally Qualified Health Centers (FQHCs) provide care on a sliding-fee scale
• Refugee Health Screening Program — Available to certified trafficking victims

Housing Assistance

• Emergency shelters specifically for trafficking survivors (CAST, GenerateHope, and others maintain dedicated shelters)
• Transitional housing programs
• California’s Housing and Disability Advocacy Program (HDAP)

USCIS Field Offices in California

If your T Visa case requires an interview or in-person appointment, you may be directed to one of California’s USCIS field offices:

How Bueno Immigration Can Help

At Bueno Immigration, our team has handled T Visa cases throughout California. We understand the sensitivity of trafficking cases and the courage it takes to come forward. Our approach includes:

• Trauma-informed representation — We work at your pace and prioritize your safety and well-being
• Thorough case preparation — We help you compile the evidence and personal declaration needed for a strong application
• Coordination with law enforcement — We can help facilitate contact with law enforcement to obtain an LEA endorsement when appropriate
• Connection to resources — We work with community organizations to ensure you have access to housing, healthcare, counseling, and other services
• Family reunification — We can help include qualifying family members in your T Visa application

We serve trafficking survivors across California from our offices in San Diego and San Rafael. If you are in Los Angeles, San Jose, or anywhere else in the state, we can help.

Our compassionate team provides trauma-informed legal services for trafficking survivors

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Every immigration case is unique, and the information provided here may not apply to your specific situation. Reading this post does not create an attorney-client relationship with Bueno Immigration. For advice about your individual case, please contact our office to schedule a consultation. Immigration laws and policies are subject to change, and this post reflects the law as of the date of publication.