Fact Sheet: USCIS Publishes New Rule for Nonimmigrant Victims of Human Trafficking and Specified Criminal Activity
U.S. Citizenship and Immigration Services (USCIS) transmitted today an interim final rule to the Federal Register that will allow “T” and “U” nonimmigrants to adjust status their status and become lawful permanent residents.
The “T” nonimmigrant status, also known as the “T” visa, was created to provide immigration protection to victims of a severe form of human trafficking. The “U” nonimmigrant status, or “U” visa, is designated for victims of certain crimes who have suffered mental or physical abuse because of the crime and who are willing to assist law enforcement and government officials in the investigation of the criminal activity.
Congress created the “T” and “U” nonimmigrant classifications with passage of the Victims of Trafficking and Violence Protection Act in October 2000. The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of persons and other crimes while, at the same time, offering protection to victims of such crimes. The legislation also helps law enforcement agencies to better serve immigrant crime victims.
Questions and Answers
Q: What are the eligibility requirements for “T” nonimmigrants seeking adjustment of status?
A: Applicants for adjustment of status holding a “T” visa must have been lawfully admitted to the
Q: What are the eligibility requirements for “U” nonimmigrant seeking adjustment of status?
A: Applicants for adjustment of status holding a “U” visa must have been lawfully admitted to the
Q: What are the procedures for “T” and “U” visa holders to apply for lawful permanent residence?
A. Applicants must file the Application to Register Permanent Residence or Adjust Status Form I-485 in accordance with the form instructions. Among other requirements, applicants must also present evidence that they were admitted in either “T” or “U” nonimmigrant status. That evidence may be provided by submitting a copy of the Notice of Action Form I-797. Evidence of continuous physical presence is also required; this can be provided by college transcripts, employment records, or installment payments (e.g., monthly rent receipts, utility bills, etc.) during the requisite time period.
Q: Can family members of the “T” or “U” visa holder apply for lawful permanent residence?
A: Yes. Derivative family members may apply for adjustment of status provided that the principal