USCIS Updates Policy Guidance for T Visa: New Protections for Victims of Human Trafficking

The U.S. Citizenship and Immigration Services (USCIS) has announced significant changes to its Policy Manual regarding the T visa.

This visa is designed to provide nonimmigrant status to individuals who have been victims of human trafficking, allowing them to reside temporarily in the United States with an initial permit of up to four years. The revision of this policy aims to enhance protections and streamline benefits for those who qualify as victims of severe forms of trafficking.

Also read: “Judge Strikes Down ‘Parole in Place’ Immigration Policy for Undocumented Spouses”

This USCIS policy update, effective as of August 28, 2024, aligns with the Final Rule published in the Federal Register on April 30, 2024. The new policy establishes a more comprehensive framework for evaluating cases and provides clarity on critical aspects of the application process.

Key Points of the Update

• Credible and Expanded Evidence: USCIS now accepts a variety of “credible” evidence to support T visa applications, simplifying the burden of proof for applicants.
• Victim-Centered Approach: The new focus is on the needs of victims and takes into account the impact of trauma, allowing for a more empathetic and personalized review of cases.
• Good Faith Determination: USCIS has implemented a good faith determination procedure for T visa applicants. Those who meet preliminary requirements may receive work authorization and deferred action while their cases are under review.
• Exceptions to Departure Restrictions: In certain cases, victims of trafficking who have had to leave the United States can present exceptions to justify their connection to the trafficking they endured without negatively affecting their application.
• Clear Definitions and Reporting Requirements: The updated policy refines key terms, such as “law enforcement authority,” and more precisely defines the requirements for reporting trafficking situations to the appropriate authorities.

Employment Authorization and Filing Form I-765

An additional benefit for good faith T visa applicants is that they can apply for temporary work authorization by submitting Form I-765. USCIS encourages applicants to file Form I-765 along with Form I-914 (Application for T Nonimmigrant Status) to expedite the approval of this benefit without any additional cost.

Precautions to Avoid Scams

USCIS reminds T visa applicants to be vigilant against possible fraud or false promises, as they may be more vulnerable to such risks due to their circumstances. Interested individuals can visit the Find Legal Services page on the USCIS website for information on reliable legal services.

For more details on these updates, applicants can consult the USCIS Policy Manual in Volumes 3 and 9. These changes strengthen the U.S. commitment to offering safety and stability to trafficking victims, helping them rebuild their lives with support and protection during their immigration process.

From: https://www.uscis.gov/newsroom/alerts/uscis-updates-policy-manual-guidance-for-t-visa 

For more information on these topics, visit Paralegal Clases’ social media pages and join our live sessions every Wednesday.

Instagram:   @Paralegalclases
Facebook:   Instituto Paralegal de las Américas
Youtube:   Instituto Paralegal
Tiktok:   @Paralegalnews