If you are a Guatemalan who was recruited, transported or held in the United States by force, fraud or coercion for work or for commercial sex, US law has a status built for trafficking survivors: T nonimmigrant status, the T visa, requested on Form I-914. Two requirements matter especially to Guatemalans: you must be physically in the US because of the trafficking, and you must show extreme hardship if removed. On the other hand, the police declaration is optional, and family in Guatemala who face retaliation can be included.
USCIS notes that victims of human trafficking may also be eligible to apply for U nonimmigrant status; see our U visa guide. We also have a VAWA self-petition guide.
Quick summary: The T visa is for victims of a severe form of trafficking in persons (sex trafficking, or labor trafficking for involuntary servitude, peonage, debt bondage or slavery). You must be physically present in the US, American Samoa, the Northern Mariana Islands or at a port of entry on account of trafficking, have complied with reasonable law enforcement requests (unless you were under 18 or are unable due to trauma), and show extreme hardship involving unusual and severe harm upon removal. File Form I-914 with a personal statement. Supplement B (signed by a federal, state, tribal or local law enforcement official) is optional evidence. Fee: $0 for every form through adjustment of status. Status is granted for an initial period of up to 4 years; a Green Card may be possible after 3 years of continuous physical presence since admission in T status, or if you maintained continuous physical presence in the US during an investigation or prosecution of the trafficking that is now complete, whichever is earlier. Do not travel to Guatemala while pending without advice: the I-914 instructions warn that departing could impact your ability to establish eligibility.
What counts as trafficking
USCIS defines a severe form of trafficking in persons as one of two things:
| Type | Definition (USCIS T visa page) |
|---|---|
| Sex trafficking | Someone recruits, harbors, transports, provides, solicits, patronizes or obtains a person for a commercial sex act induced by force, fraud or coercion, or the person induced is under 18 |
| Labor trafficking | Someone recruits, harbors, transports, provides or obtains a person for labor or services using force, fraud or coercion for the purpose of involuntary servitude, peonage, debt bondage or slavery |
USCIS adds that traffickers often take advantage of vulnerable individuals, including those lacking lawful immigration status. Both definitions turn on force, fraud or coercion (or, for sex trafficking, a person under 18). If your problem is pay that was never handed over, see our guide to unpaid wages in the US and consular help.
The five eligibility requirements
USCIS says you may be eligible if you:
- Are or were a victim of a severe form of trafficking in persons.
- Are physically present in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry because you were trafficked.
- Complied with any reasonable request from a law enforcement agency for assistance in the detection, investigation or prosecution of human trafficking. You may not need to show this if you were under 18 when at least one act of trafficking occurred, or if you are unable to cooperate due to physical or psychological trauma.
- “Show that you would suffer extreme hardship involving unusual and severe harm if you were removed from the United States”.
- Are admissible, or request a waiver of certain inadmissibility grounds on Form I-192.
Supplement B is optional, and who signs it
USCIS treats the law enforcement declaration as one kind of evidence among several.
| Question | T visa rule |
|---|---|
| Is a law enforcement form required? | No. USCIS says you may submit Form I-914, Supplement B, or other evidence instead of or in addition to it |
| Other evidence USCIS lists | Records of your communication with law enforcement, trial transcripts, court documents, police reports, news articles, affidavits or other relevant credible evidence |
| Who completes Supplement B | A federal, state, tribal or local law enforcement official, based on knowledge of the case |
| Second signature | The official’s supervisor must provide a name and sign and date it |
| Signature type | Original signature only; a photocopy or typed name is not acceptable |
| Must there be charges? | No: “A formal investigation or prosecution is not required in order for your agency to complete this declaration” |
| Deadline to sign | The instructions say there is no statute of limitations related to completing Supplement B |
| Does it decide the case? | No. USCIS is the only agency that can approve Form I-914, and USCIS requires fingerprints and police clearances and runs background checks |
The Supplement B instructions also say completing it is at the official’s discretion and is not contingent on the outcome of a prosecution or investigation.
Forms and fees
| Form | Purpose | Fee |
|---|---|---|
| I-914 | Application for T nonimmigrant status, with a personal statement | $0 |
| I-914, Supplement A | Application for a derivative family member | $0 |
| I-914, Supplement B | Declaration for Trafficking Victim (law enforcement use only) | Completed by the official |
| I-192 | Waiver of inadmissibility | $0 for T applicants |
| I-765 under category (c)(40) | Work permit and deferred action through the bona fide determination | $0 for T applicants |
USCIS says: “Applicants for T nonimmigrant status and T nonimmigrants are fee exempt from all forms through adjustment of status”. The I-914 page lists edition 01/20/25. A fee waiver (Form I-912) is not needed.
Bona fide determination. Effective August 28, 2024, USCIS implemented a modified bona fide determination process, which generally applies to all T applications filed on or after that date by applicants and their eligible family members who are in the United States. To receive deferred action and a work permit through it, you file Form I-765 under 8 CFR 274a.12(c)(40); USCIS strongly encourages filing it with the I-914, because if you wait it will take longer to process. A principal granted T status receives the work permit with the approval without filing Form I-765.
Where to mail Form I-914
| You live in | Mail to (USCIS I-914 page, last reviewed June 5, 2026) |
|---|---|
| Alaska, Connecticut, Delaware, District of Columbia, Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, New Hampshire, New Jersey, New York, North Dakota, Ohio, Pennsylvania, Puerto Rico, Rhode Island, South Dakota, Utah, Vermont, Washington, Wisconsin, Wyoming | USCIS Elgin Lockbox |
| Alabama, American Samoa, Arkansas, Arizona, Armed Forces – America, Armed Forces – Europe, Armed Forces – Pacific, California, Colorado, Florida, Georgia, Guam, Hawaii, Kentucky, Louisiana, Micronesia, Mississippi, Nebraska, Nevada, New Mexico, North Carolina, Northern Mariana Islands, Oklahoma, Oregon, Palau, South Carolina, Tennessee, Texas, U.S. Virgin Islands, Virginia, West Virginia | USCIS Phoenix Lockbox |
| Outside the United States | USCIS Phoenix Lockbox |
Phoenix Lockbox by US Postal Service: USCIS, Attn: I-914, P.O. Box 20200, Phoenix, AZ 85036-0200. By FedEx, UPS or DHL: USCIS, Attn: I-914 (Box 20200), 2108 E. Elliot Rd., Tempe, AZ 85284-1806. The Elgin address is on the I-914 page. Unsigned forms are rejected and returned.
The Guatemala questions: physical presence and travel
You cannot skip the presence requirement. Requirement 2 ties eligibility to being in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands or at a port of entry because you were trafficked.
Travel to Guatemala while pending. The Form I-914 instructions are direct:
- Filing does not grant you permission to travel outside the United States.
- “Departing from the United States while your application is pending could impact your ability to establish eligibility for T nonimmigrant status”, and it could impact your ability to return unless you or your family member have another status that permits travel.
- Even a T-1 applicant with another status that allows reentry may find it difficult to establish physical presence on account of trafficking (8 CFR 214.207) after leaving the US once the trafficking has ended.
Travel after approval. A T-1 who wants to leave and return in T status must file Form I-131 and obtain advance parole before departure. A T-1 who returns by other means than advance parole issued before departure, or admission at a designated port of entry with a T visa, does not resume T status and may have to reapply. T-2 to T-6 family members need advance parole or a T visa from the State Department to return in T status.
Family members, including family in Guatemala
Family in present danger of retaliation. Regardless of your age, you may apply for your parents, your unmarried siblings under 18, and the children (of any age or marital status) of family members granted derivative T status, if they are in present danger of retaliation because of your escape from trafficking or your cooperation with law enforcement. The I-914 checklist asks for a description of the danger and its link to your escape or cooperation, documentation of any previous advance parole granted to a family member (if applicable), and any other credible evidence of the danger.
Family without that danger:
| Your age when you filed Form I-914 | You may apply for your |
|---|---|
| Under 21 | Spouse, unmarried children under 21, parents, unmarried siblings under 18 |
| 21 or older | Spouse, unmarried children under 21 |
The I-914 instructions add two protections. If you filed your I-914 while under 21, your parent or unmarried sibling remains eligible even if you turn 21 before your application is adjudicated, and an unmarried sibling remains eligible even if over 18 at adjudication. If you are a principal over 21, you may apply for a child who was under 21 at the time of the principal application.
Family members are added with Form I-914, Supplement A, filed with your I-914, while it is pending, or while you are in T status. A family member living outside the US is not eligible for a work permit until lawfully admitted, and USCIS says not to file Form I-765 for them. USCIS requires a full English translation, with a certification from the translator, for any document in a foreign language, which includes Guatemalan civil records in Spanish; see our RENAP certificate translation template for USCIS.
After approval and immediate protection
- Status: an initial period of up to 4 years; extensions in certain situations with Form I-539.
- Green Card: you may be eligible after 3 years of continuous physical presence in the US since you were lawfully admitted as a T nonimmigrant, or if you maintained continuous physical presence in the US during the investigation or prosecution of the trafficking that is now complete, whichever occurs earlier.
- Benefits: T nonimmigrants are eligible for several federally funded benefits and services. Before T status, a victim may also qualify if granted Continued Presence or if the US Department of Health and Human Services has provided a letter of certification or eligibility.
- Continued Presence: the DHS Center for Countering Human Trafficking may grant it for an initial 2 years as immediate temporary relief from removal; only a federal law enforcement agency (such as ICE or the FBI) can request it.
Help lines and safety
USCIS lists the National Human Trafficking Hotline, 1-888-373-7888, toll-free, 24 hours a day, 7 days a week, in more than 200 languages, operated by the nonprofit Polaris. You can give USCIS a safe mailing address where you do not live. USCIS says T application information is strictly confidential and that DHS may not deny an application based on evidence provided solely by your trafficker, unless a statutory exception applies. If you are detained or a relative is hospitalized, see consular assistance if detained or hospitalized; if you fear persecution in Guatemala, also read asylum for Guatemalans in the US. For local documents in Guatemala, see hiring a lawyer in Guatemala from the USA.
Sources
- USCIS, Victims of Human Trafficking: T Nonimmigrant Status (last reviewed 12/22/2025): https://www.uscis.gov/humanitarian/victims-of-human-trafficking-t-nonimmigrant-status
- USCIS, Form I-914 page (last reviewed 06/05/2026): https://www.uscis.gov/i-914
- USCIS, Instructions for Form I-914, Supplement B (edition 01/20/25): https://www.uscis.gov/sites/default/files/document/forms/i-914supbinstr.pdf
- USCIS, Instructions for Form I-914 (edition 01/20/25): https://www.uscis.gov/sites/default/files/document/forms/i-914instr.pdf
All sources checked October 15, 2026. This page explains official rules; it is not legal advice. More guides in our diaspora section and consulates hub.
Frequently Asked Questions
What are the T visa requirements?
Per the USCIS T visa page (last reviewed December 22, 2025), you must be or have been a victim of a severe form of trafficking in persons; be physically present in the United States, American Samoa, the Northern Mariana Islands or at a port of entry because you were trafficked; have complied with any reasonable request from law enforcement for assistance (with exceptions for victims under 18 and for physical or psychological trauma); show you would suffer extreme hardship involving unusual and severe harm if removed; and be admissible or request a waiver on Form I-192.
Do I need a police report or law enforcement signature for a T visa?
No signature is mandatory. USCIS says you may submit Form I-914, Supplement B, Declaration for Trafficking Victim, signed by a federal, state, tribal or local law enforcement official, but you may also submit other evidence instead of or in addition to it, such as records of communication with law enforcement, trial transcripts, court documents, police reports, news articles or affidavits.
Does the trafficker have to be arrested or charged?
No. The Supplement B instructions tell the official that a formal investigation or prosecution is not required to complete the declaration, that it may be completed if an investigation does not lead to an arrest or prosecution, and that there is no statute of limitations on completing it.
How much does a T visa cost?
$0. USCIS says applicants for T nonimmigrant status and T nonimmigrants are fee exempt from all forms through adjustment of status.
Can I apply for a T visa from Guatemala?
The principal applicant must meet the physical presence requirement: being in the United States, American Samoa, the Northern Mariana Islands or at a port of entry on account of trafficking. Family members who live in Guatemala can be included on Form I-914, Supplement A, but USCIS says they cannot receive a work permit until they are lawfully admitted to the United States.
Can I travel to Guatemala while my T visa application is pending?
The Form I-914 instructions say filing does not give you permission to travel outside the United States, that departing while the application is pending could impact your ability to establish eligibility and to return, and that it may be difficult to establish physical presence on account of trafficking if you leave after the trafficking has ended. After approval, a T-1 needs advance parole (Form I-131) before departing.
My parents and siblings in Guatemala are being threatened. Can they be included?
Yes, if they are in present danger of retaliation because of your escape from trafficking or your cooperation with law enforcement. In that case, at any age you may apply for your parents, your unmarried siblings under 18, and the children of any age or marital status of family members granted derivative T status. The I-914 checklist asks for a description of the danger and how it is linked to your escape or cooperation.
Can a trafficking victim also apply for a U visa?
USCIS says victims of human trafficking may also be eligible to apply for U nonimmigrant status (U visa). This page covers only the T visa rules; the U visa has its own separate guide on this site.
