T-Visa Psychological Evaluations for Trafficking Survivors

The TVPA defines trafficking to include psychological coercion, not just physical force. This report documents the threats, manipulation, debt and control the person describes and their psychological effects; whether they amount to force, fraud or coercion under the statute is for the attorney to argue and USCIS to decide. It also explains trauma bonding (why the victim may have stayed with or returned to the trafficker) as a recognized psychological response to captivity and abuse, not evidence of voluntary participation.

The T-visa hardship standard is higher than the extreme hardship standard used for I-601 waivers. It requires showing that removal would result in unusual and severe harm. The report documents the person's current psychological condition, the care they need, the psychological consequences of the trafficking, and the clinical consequences of losing treatment and stability in the United States. Whether that care is available in the home country and the risk of being trafficked again are factors your attorney supports with country evidence (8 CFR 214.209); whether the standard is met is USCIS's decision.

Yes. One of the four T-visa elements requires the applicant to comply with reasonable law enforcement requests, but there is an exception for people who are unable to cooperate due to physical or psychological trauma. The report can document trauma symptoms (such as PTSD, dissociation, or re-traumatization triggers) that bear on whether the person could take part in an investigation or prosecution; whether the exception applies is USCIS's decision.

The T-visa requires proving: (1) you are a victim of a severe form of trafficking, (2) you are physically present in the U.S. due to trafficking, (3) you have complied with reasonable law enforcement requests (with trauma and under-18 exceptions), and (4) you would suffer extreme hardship involving unusual and severe harm if removed. Clinical documentation of trauma bonding and coercive control can bear on elements 1 and 4.

Check current processing times at egov.uscis.gov. Decisions can take a long time and applications have risen sharply in recent years. The annual cap is 5,000 T-1 visas.

A U-visa is for victims of qualifying crimes who assist law enforcement. A T-visa is specifically for victims of severe trafficking (labor or sex trafficking). The T-visa additionally requires showing extreme hardship involving unusual and severe harm upon removal, and it has trauma and under-18 exceptions to the law enforcement cooperation requirement. Both can include a psychological evaluation documenting the harm.

A T-visa does not require a law-enforcement certification (Form I-914 Supplement B is optional evidence), but it does require at least contacting a law enforcement agency with jurisdiction to report the trafficking, and complying with its reasonable requests for assistance, unless the person was under 18 when at least one act of trafficking happened or cannot cooperate because of physical or psychological trauma (USCIS Policy Manual, Vol. 3, Part B, Ch. 2). Many trafficking survivors find contact with law enforcement hard. Language barriers, threats from traffickers and past distrust of law enforcement can make it harder. A psychological evaluation can document trauma symptoms that bear on the trauma exception; whether the exception applies is USCIS's decision.

Under 22 U.S.C. § 7102, coercion includes threats of serious harm to any person, any scheme or pattern meant to make a person believe that refusing would bring serious harm, and abuse of the legal process; in practice that can look like debt, document confiscation or isolation, all without physical force. The structured trauma history and tests such as the Dissociative Experiences Scale (DES-II) document the psychological effects of that control. Coercion does not have to be physical; whether the facts meet the definition of a severe form of trafficking is for the attorney to argue and USCIS to decide.

Yes. Children of trafficking victims may qualify for derivative T-visas (T-3 for a child; T-2 is the spouse), and a child-specific psychological evaluation documents their separate trauma. Each child's evaluation uses age-appropriate instruments and addresses developmental impact. Ask us about evaluating a child as well when a family is filing together.

It can still help, even when you fully cooperated with police, a Federal Bureau of Investigation (FBI) task force, or a U.S. Attorney's office. Law-enforcement cooperation satisfies element 3 under 8 U.S.C. 1101(a)(15)(T) but does not by itself prove the other three: that you were a victim of a severe form of trafficking, that you are physically present in the United States on account of the trafficking, and that removal would cause extreme hardship involving unusual and severe harm. A psychological evaluation documents trauma symptoms, trauma bonding, and lasting effects that can bear on the remaining elements, especially hardship, using Diagnostic and Statistical Manual of Mental Disorders (DSM-5-TR) diagnoses, the PTSD Checklist for DSM-5 (PCL-5), and the Dissociative Experiences Scale (DES-II); whether each element is met is USCIS's decision.

The evaluation is usually one session of about 90 minutes, occasionally longer or a second session when clinically needed, by video from wherever you feel safe. Dr. Mantonya uses a trauma-informed approach, so you set the pace. You will be asked about your experience, because the report documents how the trafficking affected you, but you are never pushed to share more than you are ready to, and you can pause or stop for a break whenever you need one. A professional interpreter can join if you would rather speak in your own language. Many people find it more manageable than they feared, though it is normal for some parts to feel hard.

You do not have to name your trafficker in the evaluation for it to support your T-visa case. The clinical interview can document the coercive pattern, threats, debt bondage, document confiscation, and trauma bonding without requiring you to identify any specific person, location, or business. We keep records confidential and encrypted, and we do not share them with U.S. Immigration and Customs Enforcement (ICE) without your authorization, unless the law requires it; your attorney can explain the legal limits on confidentiality. If physical or psychological trauma makes you unable to cooperate with law enforcement, the report can document that trauma for the exception under 8 C.F.R. 214.208(e)(1). Fear for your safety or your family's is a separate point: it bears on whether a particular request from law enforcement was reasonable (8 C.F.R. 214.208(c)), which your attorney addresses. See Form I-914 instructions for the official cooperation framework.