The USCIS Issues an Updated Guidance on T Visa Adjudications

A new policy has been issued by the United States Citizenship and Immigration Services (USCIS) regarding applications for T nonimmigrant status for victims that have faced severe instances of trafficking.

If you have questions or concerns about this policy and how it might affect you, do not hesitate to reach out to our experienced New York immigration attorneys today to learn more. Our committed legal team is prepared to help you navigate through the terms of this policy and ensure that your immigration status is not negatively affected.

What does this policy do?

This policy aims to accomplish several different things. A summary of how this policy will aid in helping victims of trafficking can be found below.

  • Explains how USCIS evaluates the connection between the original victimization and the applicant’s lingering presence in the United States when evaluating the physical presence
    eligibility requirement.
  • Presents extensive direction on eligibility requirements, evidentiary standards, burdens of proof, admissibility determinations, travel considerations, and confidentiality protections for T nonimmigrant status applicants.
  • Clarifies that the age-based exemption to the requirement to comply with reasonable requests for assistance from law enforcement implements based on the victim’s age at the time of
    victimization.
  • Demonstrates how USCIS assesses involuntary servitude claims, including conditions of servitude induced by domestic violence, in addition to victimization that may happen during a deliberate
    smuggling arrangement.
  • Refines that principal T nonimmigrants looking to adjust status may present their Arrival/Departure Record (Form I-94) reflecting their most recent validity period of T nonimmigrant status along with their receipt notice for the Application to Register Permanent
    Residence or Adjust Status (Form I-485) as confirmation of employment authorization for 24 months, starting from the expiration date on Form I-94, unless the Form I-485 is denied or withdrawn.
  • Analyzes how USCIS defines the term “harboring,” an identified action under the federal definition of a severe form of trafficking in persons.
  • Announces that USCIS is adopting the decision issued by the Ninth Circuit in Medina Tovar v. Zuchowski, a case involving the adjudication of petitions for U nonimmigrant status, for
    nationwide application in the adjudication of applications for T nonimmigrant status. So, when evaluating a spousal or stepparent and stepchild relationship between the principal T nonimmigrant applicant and a qualifying family member, USCIS decides whether the relationship existed at the time the principal application was fairly adjudicated, rather than when the principal application was filed.

Do not wait to reach out to our skilled immigration attorneys today to learn more about this policy and how it may affect you. Our dedicated New York immigration attorneys are ready to help you- all you have to do is ask.

Contact Our New York City Immigration Lawyers

Our law firm can explain all the opportunities associated with fiancé visas and help you through the entire procedure, as well as discuss whether this is a good option. For an initial consultation with a skilled immigration lawyer, contact the Law Office of Cheryl R. David in New York.