There is no filing deadline or time limit for filing the T visa, no matter how long it has been since the survivor escaped their trafficking victimization. That said, even though the physical presence requirement focuses on why the applicant is currently in the U.S. in relation to the trafficking victimization, an applicant may face challenges when the date of filing the I-914 is more than a few years after the escape from trafficking. Over the past decade, attorneys have reported an increase in USCIS scrutiny of cases where the survivor exited their trafficking situation five years or so prior to the date of filing, in particular when there is no open investigation, prosecution, or civil case related to the trafficking. 

Evidence that the survivor is currently taking steps to recover from their trafficking—whether by addressing trafficking-related trauma through services or counseling, engagement with law enforcement, or pursuit of civil remedies—is a key way many applicants are able to demonstrate their current presence in the U.S. on account of trafficking. 

For more tips on meeting the physical presence requirement, including in older cases, please see CAST’s Physical Presence Toolkit. 

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Last updated March 2026