When I apply for a T-visa, can my immediate family members be included on my application?
Yes. T-visa status is available for certain qualifying family members of a T-visa applicant – it’s called derivative T-visa status. The following family members could qualify:
If you are under 21 years old, you can apply for T-visa status for your:
- Unmarried children under 21 years of age;
- Parents; and/or
- Unmarried sisters or brothers under the age of 18.
If you are over 21 years old, you can apply for your:
- Spouse; and/or
- Unmarried children under the age of 21.
To apply for T-visa status for a family member, you must fill out and submit an “application for immediate family member of T-visa recipient,” known as a Form I-914 Supplement A. A “T-visa recipient” means someone who has been granted a T-visa but you don’t have to wait until you get the T-visa to apply for your family members. You may file the I-914, Supplement A at the same time that you file your application for a T-visa, or you can file it at a later time.
Employment authorization is not automatic for derivative T-visa status. If you need employment authorization for your immediate family members, you will need to complete a Form I-765, Application for Employment Authorization in addition to Form I-914 Supplement A.
Note: When a spouse obtains derivative T-visa status, it is sometimes called T-2 status. When a child receives derivative T-visa status, it is sometimes called T-3 status. When a parent receives T-visa status, it is sometimes called T-4 status.
* 8 C.F.R. § 214.11(o)