A trafficking survivor applying for a T visa (a “T-1 applicant”) can apply for certain family members to receive T derivative status by submitting a Form I-914A for each family member. Which family members qualify will depend on the T-1’s age, their family relationship, and, in some cases, whether the family member faces a present danger of retaliation due to the survivor’s escape from trafficking or their cooperation with law enforcement.

The T-1 may apply for eligible family members when they submit their own T visa application, while their T visa application is pending, or after their T visa application has been granted, as long as the survivor continues to hold T-1 nonimmigrant status and has not adjusted to permanent residence.

It is important to note that the T visa regulations and statute contain certain provisions that protect against derivative ineligibility due to the age of the principal applicant or the derivative family member, but these provisions are limited. For this reason—and because of lengthy processing times and consular processing delays—legal representatives should:

• assess potential derivative eligibility early on in the legal case;
• advise the survivor of their options & ascertain the survivor’s goals and priorities at the outset; and
• closely monitor potential derivative age-outs & take steps to avoid them.

For more information on the potential derivative family members for whom a survivor may file an I-914A, the derivative family member “age-out” provisions, and the steps legal representatives can take to avoid derivative ineligibility due to an age-out, please see the following resources:

• CAST advisory, T Derivatives & Age-Out Protections
• CAST FAQ, T Derivative Age-out Provisions
• USCIS Policy Manual, Part B, Vol. 3, Chapters 4 & 5
• T visa regulations: 8 CFR § 214.211
• CAST T Visa Checklist
• CAST FAQ, Evidence of Admission for a T Derivative

For further questions, consider seeking individual technical assistance.

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Last updated August 2025