T visas and Human Trafficking
T visas are an immigration benefit for victims of severe forms of human trafficking This library contains information about T visa requirements, the law, policy, advocacy, practice pointers and more.
T Visas Legislation and Statutes
USCIS Policy Memorandum: Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens (June 28, 2018)
This policy memorandum (PM) applies to and will be used to guide referrals and the issuance of NTAs by all USCIS employees, unless otherwise specifically provided in this PM or other USCIS policy or guidance documents. This PM supersedes Policy Memorandum 602-0050, Revised Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Removable Aliens, dated November 7, 2011.
Click here to access the NTA Practice Update, June 2019: Issuance of Notices to Appear (NTAs) in Denied Humanitarian-based Immigration Cases.
Annotated Notes and Practice Pointers: USCIS Teleconference on Notice to Appear (NTA) Updated Policy Guidance (December 5, 2018)
These annotated notes have been compiled by ASISTA, AILA and ILRC, commenting on the information shared by USCIS during the November 15, 2018 national stakeholder teleconference. We added practice pointers and clarification to USCIS responses.
USCIS Policy Memorandum: Extension of Status for U and T Nonimmigrants (Corrected and Reissued, October 4, 2016)
This October 4, 2016, policy memorandum provides guidance about extension of status for T and U nonimmigrants, including any related I-485, application to adjust status. This PM rescind and replaces PM 602-0032.1. This PM revises chapters 39.1 and 39.2 of the Adjudicator's Field Manual.
USCIS Policy Memorandum: Issuance of Revised Procedures Regarding Trafficking Victims for the Affirmative Asylum Procedures Manual (November 2013)
This November 26, 2013, USCIS policy memorandum from John Lafferty, Chief of the Asylum Division announces revised procedures for asylum office personnel regarding the handling and identification of trafficking victims to replace in the Affirmative Asylum Procedures Manual.
USCIS Policy Memorandum: William Wilberforce: Trafficking Victims Protection Reauthorization Act of 2008: Changes to T and U Nonimmigrant Status and Adjustment of Status Provisions; Revisions to Adjudicator's Field Manual (AFM) (July 2010)
This July 21, 2010, USCIS policy memorandum informs immigration officers who adjudicate petitions for T and U nonimmigrant status and related applications for adjustments of status about new legislation affecting the T and U nonimmigrant programs. Chapter 23.5 and 39 (AFM Updated AD10-38)
William Wilberforce: Trafficking Victims Protection Reauthorization Act 2008
This is an excerpt from the Wilberforce trafficking victims protection reauthorization act detailing extensions and exceptions for victims and U and T visa holders.
Practice Advisories
ASISTA Practice Pointer: Hot Tips for Using Service Center Hotlines and Supplementing Pending Petitions (Updated Jan. 22, 2024)
This practice pointer synthesizes the current recommendations for using USCIS “hotline emails” for customer service inquiries on cases protected by 8 USC § 1367 privacy requirements, i.e., survivor-based relief applications.
This project was supported by Grant No. 15JOVW-23-GK-05161-MUMU awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.
Advisory on new T Visa sections of the USCIS Policy Manual (November 2021)
ASISTA and CAST developed this advisory to highlight significant changes to the T visa section of the USCIS Policy Manual that went into effect on October 20, 2021. Changes include: Additional guidance on the intersections between trafficking/domestic violence and trafficking/smuggling; Physical presence on account of trafficking; Extended work authorization when filing a timely I-485 under INA 245(l); and Guidance on waivers of inadmissibility under INA 212(d)(3) and (d)(13).
Click here to download the practice pointer in Word version.
ASISTA Practice Pointer: Filing Form I-290B When Multiple Interrelated Forms are Denied (July 2020)
When a petitioner files multiple interrelated forms for one case, such as a U visa, the denial of one form generally leads to the denial of all ancillary forms as well. In this practice pointer, we will address how many Form I-290Bs to file in this scenario, whether derivatives need to file their own Form I-290B, and pitfalls in completing the Form I-290B.
Click here to download the practice pointer in Word version.
This project was supported by Grant No. 2017-TA-AX-K061 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.
COVID-19 Practice Pointer: Initial Filings of U/T visa petitions and VAWA self-petitions with U.S. Citizenship and Immigration Services (USCIS) (Current as of May 12, 2020)
In this practice advisory, ASISTA provides practice tips on how to comply with deadlines and submit initial filings during the COVID-19 national emergency. Click here to download the practice pointer in Word version.
Fee Waiver Form in Effect December 2, 2019 (Dec. 2, 2019)
This project was supported by Grant No. 2017-TA-AX-K061 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.
Annotated Notes and Practice Pointers: USCIS Teleconference on Notice to Appear (NTA) Updated Policy Guidance (December 5, 2018)
These annotated notes have been compiled by ASISTA, AILA and ILRC, commenting on the information shared by USCIS during the November 15, 2018 national stakeholder teleconference. We added practice pointers and clarification to USCIS responses.
Trafficking Victims Protection Reauthorization Acts (TVPRA)
VAWA 2013 and TVPRA: What Practitioners Need to Know
The Violence Against Women Act of 2013 (VAWA 2013), combined with the Trafficking Victims Protection Act (TVPRA), was signed into law on March 7, 2013. This document provides an overview of substantive changes and technical fixes to both the VAWA and the TVPRA as well as practice pointers for attorneys and advocates on how to work with these new changes, prepared by ASISTA staff.
Copyright @2013 by ASISTA Immigration Assistance. All rights reserved. This product or any portion thereof may not be reproduced or used without express written permission from ASISTA Immigration Assistance.
Resources for Attorneys & Advocates
ASISTA I-485 Comments (Nov. 7, 2023)
On September 8, 2023, USCIS published a revision of Form I-485 Application to Register Permanent Residence or Adjust Status greatly expanding the number and type of questions for applicants to complete. On November 7, 2023, ASISTA submitted a comment emphasizing the impact of these form changes on beneficiaries of survivor-based relief.
NY Anti-Trafficking Network Legal Subcommittee: Identification and Legal Advocacy for Trafficking Survivors (January 2009)
T visa manual, 3rd edition (January 2009).
Department of State Trafficking in Person Report (July 2005)
This report from July 2015, places a special emphasis on human trafficking in the global market. It highlights the hidden risks that workers may encounter when seeking employment and the steps that government and business can take to prevent trafficking, including a demand for transparency in global supply chains.
Human Trafficking Legal Access Center
This link provides resources and information for pro bono attorneys and for non-profit service providers working with survivors of human trafficking
Freedom Network USA
Freedom Network USA engages with federal agencies and lawmakers to advance a human rights based approach to human trafficking. In this link you can find information about promoting polices that address the root causes of trafficking, guarantee the protection and rigths of trafficked persons, and encourage survivors leadership in efforts to combat human trafficking.
The Alliance to End Slavery and Trafficking
In ATEST, a U.S.-based coalition, you will find resources to advocate for solutions to prevent and end all forms of human trafficking and modern slavery around the world.
DHS Blue Campaign
Identifying Trafficking Victims: U.S. Customs and Border Protection screens for suspected human trafficking at our borders and points of entry.
Coalition to Abolish Slavery & Trafficking Resources
CAST is a go-to resource for media, policymakers and the philanthropic community to access information about modern slavery.
Resources for Advocates & Clients
SB 1569 Factsheet (CAST)
Expanded protections for human trafficking survivors: How to access benefits.
Presentación del USCIS de Cómo Navegar la Página Web en Español
Esta presentación explica paso a paso como navegar el sitio web para ver el estatus de su caso.
Cases in Removal Proceedings
Suazo Perez v. Mukasey (January 2008)
Petitioner argued that misdemeanor conviction for domestic violence assault in the fourth degree, under state law, was not crime of violence constituting aggravated felony under removal state. The Court of Appeals held that assault conviction was not categorically conviction for crime of violence, and that assault conviction was not crime of violence under modified category.
Employment Issues
U.S. Department of Labor: Human Trafficking, Training and Employment Guidance (October 24, 2012)
The role of the Public Workforce System in the delivery of services and referrals to victims of human trafficking.