The U.S. Citizenship and Immigration Services (USCIS) has recently updated their policy manual guidance relating to T nonimmigrant visa status, also known as the T Visa. The changes made are crucial and relevant to all immigration attorneys and their clients seeking this type of visa. This article highlights the essential aspects of this update.
Introduced in October 2000 as part of the Victims of Trafficking and Violence Protection Act, the T Visa provides immigration relief to victims of severe forms of human trafficking, allowing them to remain and work in the United States temporarily. The recent changes implemented by USCIS underline the requirements for evidentiary and eligibility determinations for T visas.
The updated manual guidance has elucidated specific points related to the qualifying crime of ‘involuntary servitude.’ Now, a broader range of trafficking-related activities falls under this category, expanding the possibility for potential applicants to qualify for the T visa.
Another significant change dovetails the interpretation of ‘reasonable request for assistance in the investigation or prosecution.’ USCIS has revised the manual to indicate that a ‘reasonable request’ may also involve requests made by immigration authorities in addition to law enforcement or social service agencies. This clarification has broadened the possibilities for meeting this requirement.
Furthermore, the update has clarified that eligibility criteria for T nonimmigrant status do not necessarily require the victim to have tried to escape their situation. Previously, a common understanding was that victims would be eligible to apply for a visa only if they had left or attempted to leave their traffickers. Now, the USCIS comprehends that numerous complex factors may prevent victims from escaping, and these conditions will not preclude them from qualifying for T nonimmigrant status.
USCIS has also streamlined and updated the guidelines on how to establish ‘extreme hardship’ that would result if the applicant were removed from the United States. This guidance should help clarify this requirement for applicants and enhance the consistency of decision-making within the USCIS.
Finally, USCIS advises that they will consider the totality of the evidence and circumstances presented when evaluating an applicant’s eligibility. This holistic approach further underscores USCIS’ commitment to ensuring fair and balanced decision-making processes.
In conclusion, the updated policy manual provides a more comprehensive and broader perspective on the requirements and application procedures for T nonimmigrant visas. It acknowledges the myriad complexities inherent in cases of human trafficking and ensures a more equitable analysis of each case. It is a valuable resource for immigration attorneys and their clients.
This article is based on the news release by the USCIS. For complete details, please refer to the original release https://www.uscis.gov/newsroom/alerts/uscis-updates-policy-manual-guidance-for-t-visa.
