"In a significant policy update, USCIS has revised its guidance on T nonimmigrant status, providing critical protections for victims of human trafficking. The new rule, effective from August 28, 2024, emphasizes a victim-centered approach and allows applicants to receive timely benefits, ensuring that eligible individuals can rebuild their lives in the United States.
The U.S. Citizenship and Immigration Services (USCIS) has announced significant revisions to its policy manual to better align with the final rule for T Visa applicants. This update aims to strengthen the integrity of the T visa program and ensure that eligible victims of human trafficking receive timely protections and benefits.
What is a T Visa?
A T visa, also known as T nonimmigrant status, allows certain victims of human trafficking to remain in the United States for an initial period of up to four years. This status provides a safe haven for individuals who have endured severe forms of trafficking and need time to recover and rebuild their lives.
Key Changes to the T Visa Policy
The updated policy guidance includes several important changes:
1. Emphasis on Victim-Centered Approach
USCIS will now adopt a more victim-centred and trauma-informed approach when adjudicating T visa applications. This means that the agency will prioritize the needs and experiences of victims and avoid causing further harm during the application process."
2. Expanded “Any Credible Evidence” Provision
The policy now emphasizes the applicability of the “any credible evidence” provision to T visa applications. This means that victims can provide a wider range of evidence to support their claims, even if it may not be considered traditional legal evidence.
3. Bona Fide Determination Process
USCIS has clarified the bona fide determination process, which is used to assess whether an applicant’s claim of trafficking is credible. This process will now be more streamlined and efficient.
4. Exceptions to Departure Requirement
The policy now includes additional exceptions to the general rule that departures from the United States after trafficking can render an applicant ineligible for T status. This will help to ensure that victims are not penalized for actions taken while under the control of their traffickers.
5. Clarifications on the Perpetrator’s Actions
The policy clarifies the requirement that an applicant must establish that a perpetrator engaged in a specific prohibited action “for the purpose of” inducing a commercial sex act or subjecting the applicant to involuntary servitude. This will help to ensure that victims are not unfairly denied T status due to technicalities.
6. Reporting Requirement
USCIS has explained that an applicant generally must report their trafficking to law enforcement authorities to satisfy the reporting requirement. This will help to ensure that victims are cooperating with law enforcement and that their cases are being investigated.
Additional Benefits for T Visa Applicants
In addition to the policy updates, USCIS has also announced that it will consider granting deferred action and an Employment Authorization Document (EAD) to T visa applicants who have filed Form I-765. This will allow victims to work legally in the United States while their applications are pending.
How to Apply for a T Visa
Individuals who believe they may be eligible for T status should consult with an immigration attorney to discuss their specific circumstances. The application process involves submitting Form I-765 with their Form I-914, Application for T Nonimmigrant Status. , along with supporting documentation.
Applicants for T nonimmigrant status do not need to pay a fee to file Form I-765.
Conclusion
The USCIS’s updated policy guidance represents a significant step forward in protecting victims of human trafficking and ensuring that they have access to the support and resources they need to rebuild their lives. By strengthening the T visa program, USCIS is helping to combat the scourge of human trafficking and promote human rights.
Source: https://travelobiz.com/uscis-revamps-t-visa-policy-new-protections-for-trafficking-victims/
