Can my family get status through my T visa?

This page explains family members on a T visa case only. It is general information, not legal advice. For the T visa itself, the U visa and VAWA, see Immigration options for survivors. For U visa families, see Can my spouse and children get status through my U visa?

Who in my family can get T status?

It depends on your age on the day you file your own T visa application (Form I-914). The rule is in 8 CFR 214.211(a).

You are the "principal" (T-1). Your family members are "derivatives." They do not need to be trafficking survivors themselves. They do not need to help police. Their status comes from yours.

A few things every family member still needs:

• Proof of the relationship, such as a birth certificate or marriage certificate (8 CFR 214.211(c)).
• Fingerprints and photos (biometrics).
• They must be admissible, or get a waiver. If a relative has a criminal record or past immigration problems, your lawyer may file a waiver request with the application.

What if my family is in danger because of me?

Traffickers sometimes threaten the people you love. The law has a path for that. At any age, your parents, your unmarried siblings under 18, and the children of your derivatives can qualify if they face a present danger of retaliation because you escaped or cooperated with law enforcement.

You have to show the danger. 8 CFR 214.211(f) lists what can help:

• A signed statement from a police agency or prosecutor describing the danger
• Proof that the relative was given advance parole before
• Your own signed statement, or your relative's, describing the danger and how it links to your escape or cooperation
• Other credible evidence: police reports, court papers, trial transcripts, news articles, receipts for travel to court, or statements from witnesses

The evidence can come from the U.S. or from the country where your family lives. If police never investigated after you reported, USCIS still looks at any credible evidence of the danger.

How do I add my family to my case?

Your lawyer files Form I-914, Supplement A, one for each family member. Here is how it works:

1. File with your application or later. You can send Supplement A together with your Form I-914 or on its own after (8 CFR 214.211(b)). There is no filing fee.
2. Your case comes first. USCIS does not approve a family member until it approves your T-1 status (8 CFR 214.211(i)).
3. Your family's status depends on yours. If you lose T-1 status, your family's T status is at risk too (8 CFR 214.211(b)(1)(ii)). If a T-1 dies, a special rule in the law may still protect the family. Ask your lawyer.
4. Family members do not count toward the yearly limit. Only 5,000 T visas go to main applicants each year, and approved family members are not counted (8 CFR 214.211(i)).

Family in immigration court or with a removal order. Your lawyer files Supplement A directly with USCIS. Filing does not stop a removal order by itself. The family member can ask ICE for an administrative stay of removal (8 CFR 214.211(b)(3)). See What a Notice to Appear means for court basics.

Can my family work while the case is pending?

Sometimes, yes. Since August 28, 2024, USCIS first checks whether an application is "bona fide," meaning complete and genuine. If your own application is found bona fide, USCIS then reviews your family members who are in the U.S. (8 CFR 214.205).

If a family member's application is found bona fide:

• USCIS sends a written notice.
• They may be considered for deferred action and can ask for a work permit on Form I-765, category (c)(40) (8 CFR 274a.12(c)(40)).
• Any final removal order is automatically put on hold while the case is decided.

Be real about the risk. On May 8, 2026, USCIS said it will give deferred action only in extraordinary cases, one by one (Policy Alert PA-2026-01). ICE also replaced its older victim protection policy with narrower guidance (ICE Directive 11005.4). How this affects T families is still unclear. Ask your lawyer before any family member files.

After approval. A family member in T-2 to T-6 status can get a work permit under category (c)(25) for the time left in their status (8 CFR 274a.12(c)(25)). People in T status do not pay the work permit fee (8 CFR 106.3).

What if my family is outside the U.S.?

Your family can still be included. When USCIS approves a family member who lives abroad, it tells you and sends the papers to the U.S. Department of State. Your relative then goes through a visa process at a U.S. embassy or consulate (8 CFR 214.211(i)(2)).

Things to know:

• A relative abroad is not in T status until they get the T visa and are admitted to the U.S. (8 CFR 214.201).
• They can apply for a work permit only after they arrive in T status (8 CFR 214.211(i)(3)).
• The relationship must still exist when they are admitted. For example, a child who marries before arriving may no longer qualify as a T-3 or T-5.
• Your T-1 status lasts up to 4 years. If it is about to end while your relative still waits for a visa abroad, USCIS may extend your status for that reason (8 CFR 214.212(f)). Talk to your lawyer well before your status ends.

What if my child or sibling turns 21 or 18 while we wait?

The law protects them. Ages lock on the day you file your own T application (8 CFR 214.211(e)):

• Your child who is under 21 when you file stays eligible, even if they turn 21 before USCIS decides.
• Your sibling who is under 18 when you file stays eligible, even if they turn 18 later.
• If you were under 21 when you filed and turn 21 while waiting, your parents and siblings stay eligible.

What age protection does not fix: marriage. Your child or sibling must stay unmarried from the day you file until they are approved, and until they are admitted if they live abroad.

What if I married or had a baby after I filed?

You can still include them:

• A new baby born after you filed counts as your child (8 CFR 214.211(e)(1)).
• A new spouse. If you marry while your T application is pending, you can file Supplement A for your spouse. The same goes for a new stepchild or stepparent, if the relationship began before your T application was approved.
• USCIS checks that the marriage still exists when your case is decided and through the decision on your spouse's case.

If you marry after your T visa is approved, ask your lawyer which option fits. The rule above covers marriages while your application is pending.

Can my family get green cards too?

Yes, they can follow you. After you have held T-1 status for 3 years, or sooner if the investigation or prosecution is finished, you can apply for a green card (8 CFR 245.23(a)). Your family members can apply with you if (8 CFR 245.23(b)):

• you apply and meet the rules
• they were admitted in T status and still hold it
• they are admissible, or get a waiver

Your family does not lose T status the moment you get your green card. Long trips abroad can break your own time in the U.S.: one trip over 90 days, or over 180 days in total, counts against you. People seeking a green card through T status do not pay the green card or work permit fees (8 CFR 106.3).

What mistakes should I avoid?

• Leaving someone off. Tell your lawyer about every spouse, child and, if you were under 21, every parent and young sibling. Leaving a child off can cost them years.
• Waiting too long. Your family's status depends on yours. File Supplement A while you still hold T-1 status, and ask your lawyer about timing before you apply for your own green card.
• A child marrying too soon. Marriage can end a child's or sibling's eligibility. Talk to them about the timing.
• Travel. A family member with T status who leaves the U.S. needs advance parole or a T visa to come back (8 CFR 214.211(i)(4)). Never travel without asking your lawyer first.
• Using a notario or consultant. Only a lawyer or a DOJ accredited representative should prepare your case. See Warning signs of an immigration scam.

Where can I get free help?

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• National Human Trafficking Hotline (all states): 1-888-373-7888, text 233733, or chat on humantraffickinghotline.org. 24/7 and confidential.
• Bay Area Legal Aid (Bay Area counties): immigration help for survivors, including T visas. Advice line 1-800-551-5554. San Mateo County (650) 472-2666, Santa Clara County (408) 850-7066. baylegal.org
• Tahirih Justice Center, San Francisco Bay Area office: 650-270-2100. tahirih.org
• Legal Aid Society of San Mateo County, LIBRE (San Mateo County): limited help for vulnerable immigrants, including survivors. LIBRE appointments (650) 517-8936; main line (650) 558-0915. legalaidsmc.org
• Immigration Institute of the Bay Area (Bay Area): free first consultation (650) 587-1558, by appointment. iibayarea.org
• Find more in Free legal help in the Bay Area.

Questions people ask

Can my adult brother come through my T visa? Only if he was unmarried and under 18 on the day you filed, and either you were under 21 then or he faces danger because of your escape or cooperation. A sibling who was 18 or older when you filed does not qualify as a T-5. Ask a lawyer about other options.

My parents are threatened back home, but I am 30. Can they come? Possibly. The danger of retaliation rule covers parents at any age. You need evidence of the danger and its link to your escape or cooperation.

Do my family members have to talk to police? No. The cooperation rules apply to you, the T-1, not to them.

Does it cost my family anything? USCIS charges no fee for Form I-914 or Supplement A, and people in T status are exempt from the work permit fee. Family abroad may still pay for things like a medical exam, photos, translations or travel. Ask your lawyer what to expect.

Will applying put my family at risk with ICE? Federal law limits how DHS can share information about T applicants, but enforcement policies changed in 2025. A lawyer can weigh your family's risk before anyone files. See Is it safe to apply for a U visa right now? for the same concerns in U cases.

Is there a checklist I can print?