Which family members can the principal T visa applicant apply for?
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)
- If the principal is under the age of 21, the eligible family members are:
- 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)
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