T Visa Derivatives

Which family members can the principal T visa applicant apply for?

Important Update: The T Final Rule was released on April 30, 2024, updating regulations impacting T and T AOS applicants. These changes will be effective starting August 28, 2024. As a result, our resources may be temporarily out of date.

CAST is actively working on updating our trainings, advisories, and other materials to reflect the new regulations. We appreciate your patience during this transition period and encourage you to review the new regulations and our advisory, Overview of the 2024 T Visa Final Rule, while we update our resources.

Thank you for your understanding.

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The T visa principal is allowed to petition for eligible family members pursuant to 8 U.S.C. § 1101(a)(15)(T)(ii) if accompanying or following to join the principal. The eligibility of family members can be broken down into two categories:

  • Based on the age of the principal applicant:
    • If the principal is under the age of 21, the eligible family members are:
      • Spouse (T-2)
      • Child (T3)
      • Parent (T-4)
      • Unmarried siblings under the age of 18 (T-5)
    • If the principal is over the age of 21, the eligible family members are:
      • Spouse (T-2)
      • Child (T-3)
  • Based on a present danger of retaliation as a result of principal’s escape or cooperation with LEA, regardless of the age of the applicant, can petition for:
    • Parents (T-4)
    • Unmarried siblings under the age of 18 (T-5)
    • Adult or minor child of a derivative beneficiary of the principal (T-6)

Additional resources:

The Comprehensive Training and Technical Assistance Project by the Coalition to Abolish Slavery and Trafficking is funded under 15POVC-23-GK-00929-HT, awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. Some material was created previously under 2018-VT-BX-K014, awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice and Grant No. 2018-TA-AX-K009 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed in this document are those of the contributors and do not necessarily represent the official position or policies of the U.S. Department of Justice. The material from this website may not be copied or duplicated in whole or part by any means without express prior agreement from CAST, Office for Victims of Crime, or the Office for Violence Against Women.

 

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