USCIS interprets the T visa statute's “physical presence” language to generally require, with limited exceptions, that:

• the trafficking occurred in the U.S.;
• the victim has not left the U.S. since the trafficking occurred; and
• the victim’s current presence in the U.S. is on account of their trafficking.

The T visa regulations lay out five ways a trafficking survivor can establish physical presence on account of their trafficking victimization. 8 CFR §§ 214.207(a)(1)-(5). In demonstrating eligibility under one of these five subsections, the applicant essentially establishes a connection between their current presence in the U.S. and the trafficking that forms the basis of the T visa application.

Physical presence for T visa purposes does not simply involve showing that the victim was brought to the U.S. by their traffickers. In fact, T visa applicants are not required to demonstrate that their initial entry was connected to trafficking at all. It is also not enough to establish that the survivor has not departed the U.S. after their trafficking.[1] Instead, the applicant should specifically identify which of the five subsections applies to their case, as supported by the facts.

Most survivors will fall under 8 CFR § 214.207(a)(4) (current presence “directly related to the original trafficking”). A detailed personal statement explaining the present-day impact of the trafficking victimization on the applicant’s life and evidence of receipt of services to overcome the trauma of their trafficking may be sufficient to establish eligibility under this subsection. The USCIS Policy Manual (Volume 3, Part B, Ch. 2.C & Ch. 3.C(7)) provides helpful context to the physical presence requirement and should be reviewed when assessing T visa eligibility and preparing a T visa filing.

For more information, check out these additional resources:

• CAST Physical Presence Toolkit
• T Visas Part 1 e-learning Course

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Last updated March 2026

[1] Note that where the survivor has voluntarily departed the U.S. after the trafficking—which includes being deported from the U.S.—they will need to establish eligibility under 8 CFR § 214.207(b) and 8 CFR § 214.207(a).