The USCIS Issues an Updated Policy on T Visa Adjudications

The United States Citizenship and Immigration Services (USCIS) has enacted a new policy in regard to applications for T nonimmigrant status for those who have faced harsh instances of trafficking.

Do not wait to reach out to our skilled Wisconsin immigration attorneys today if you have questions or concerns about this policy and how it can affect you or your immigration status. Our dedicated legal team is equipped with the knowledge and experience required to ensure that you have the information you need.

What does this policy do?

This policy has been created to achieve several different matters. Below is a summary of how this policy can help victims of trafficking.

  • Explains that the age-based exemption to the requirement to align with reasonable requests for assistance from law enforcement implements based on the victim’s age at the time of
    victimization.
  • Shows how USCIS assesses involuntary servitude claims, including conditions of servitude induced by domestic violence, in addition to victimization that may happen during a deliberate
    smuggling arrangement.
  • Describes how USCIS evaluates the connection between the original victimization and the applicant’s hindering presence in the United States when evaluating the physical presence
    eligibility requirement.
  • Offers extensive direction on eligibility requirements, evidentiary standards, burdens of proof, admissibility determinations, travel considerations, and confidentiality protections for T nonimmigrant status applicants.
  • Clarifies that principal T nonimmigrants looking to adjust status may present their Arrival/Departure Record (Form I-94) reflecting their most recent validity period of T nonimmigrant status along with their receipt notice for the Application to Register Permanent Residence or Adjust Status (Form I-485) as confirmation of employment authorization for 24 months, starting from the expiration date on Form I-94 unless the Form I-485 is denied or withdrawn.
  • Investigates how USCIS defines the term “harboring,” an identified action under the federal definition of a severe form of trafficking in persons.
  • States that USCIS is adopting the decision issued by the Ninth Circuit in Medina Tovar v. Zuchowski, a case which involves the adjudication of petitions for U nonimmigrant status, for
    nationwide application in the adjudication of applications for T nonimmigrant status. Accordingly, when evaluating a spousal or stepparent and stepchild relationship between the principal T nonimmigrant applicant and a qualifying family member, USCIS decides whether the relationship existed at the time the principal application was fairly adjudicated, instead of when the principal application was filed.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Our firm understands what is at stake when it comes to immigration law matters, which is why If you have any questions, you should not hesitate to contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

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