T nonimmigrant status 1 is a nonimmigrant (temporary) status that allows noncitizen survivors of a severe form of human trafficking to stay in the United States, obtain employment authorization, apply for lawful permanent resident status, and help certain family members obtain immigration status as well. It was created by the Victims of Trafficking and Violence Prevention Act (hereinafter VTVPA 2000).
The T nonimmigrant status discussed in this manual is often colloquially referred to as a “T visa” by attorneys and community members alike. However, it is important to note that most clients in the United States who benefit from this immigration option will not have a T visa. Instead, they will be approved for T nonimmigrant status. This is an important distinction to make to clients and to understand as immigration practitioners.
Author(s): Evangeline Abriel, Ariel Brown, Cindy Liou, Nikki Marquez, Lynette Parker, Rachel Prandini, Leah Chen Price, Karen Schulz, Sara Van Hofwegen
Edition: 1
Publisher: Immigrant Legal Resource Center
Year: 2018
Language: English
Pages: 643
City: San Francisco
Tags: law, t visa, abuse, immigrants, immigration, relief, deportation, removal, trafficking, u.s. law, u.s. immigration, american law, human trafficking
Acknowledgements
Table of Contents
Chapter 1: Introduction
§ 1.1 Overview of Benefits and Eligibility for T Nonimmigrant Status
§ 1.2 How to Use This Manual
§ 1.3 Contents of This Manual
§ 1.4 Resources
Chapter 2: Agency Preparation for Human Trafficking Cases
§ 2.1 Understanding the Complexity of Human Trafficking and T Visa Cases
§ 2.2 Considerations before a Trafficking Survivor Is First Encountered
§ 2.3 Safety Concerns
§ 2.4 Protecting Shelter Anonymity
§ 2.5 Considerations When a Trafficking Survivor Is Identified
§ 2.6 Reporting to Law Enforcement
§ 2.7 Intake
§ 2.8 Working with Trauma Survivors
§ 2.9 Client Interviewing
Chapter 3: T Nonimmigrant Status Eligibility
§ 3.1 T Nonimmigrant Status Eligibility Requirements Overview
§ 3.2 Element One: Victim of a Severe Form of Human Trafficking
§ 3.3 Element Two: Physical Presence on Account of Trafficking
§ 3.4 Element Three: Compliance with Any Reasonable Request for Assistance Made by Law Enforcement
§ 3.5 Element Four: Extreme Hardship upon Removal
Chapter 4: T Nonimmigrant Status Process
§ 4.1 Screening for Eligibility
§ 4.2 The T Nonimmigrant Status Packet
§ 4.3 Cover Letter
§ 4.4 Completing Form I-914
§ 4.5 Filing Fees
§ 4.6 Filing Fee Waiver Requests
§ 4.7 Working with Law Enforcement to Request and Complete the Form I-914 Supplement B
§ 4.8 Documentation of Human Trafficking
§ 4.9 Documentation of Cooperation with Law Enforcement
§ 4.10 Applicant’s Declaration
§ 4.11 Documentation of Extreme Hardship upon Removal
§ 4.12 Assembling and Submitting a T Nonimmigrant Status Application
§ 4.13 Notices from USCIS
§ 4.14 Requests for More Evidence (RFEs)
§ 4.15 Approvals
§ 4.16 Denials
§ 4.17 Duration and Extension of Status
§ 4.18 Revocation of T Nonimmigrant Status
§ 4.19 Appeals and Motions to Reopen or Reconsider Appeals
Chapter 5: Inadmissibility Grounds and Waivers
§ 5.1 Overview of Inadmissibility and Waivers
§ 5.2 Inadmissibility Grounds and Waivers at the T Nonimmigrant Stage
§ 5.3 Inadmissibility Grounds andWaivers at the T Adjustment of Status Stage
§ 5.4 Identifying an Applicant’s Grounds of Inadmissibility to Be Waived
§ 5.5 Addressing Inadmissibility on the Form I-914
§ 5.6 Completing Form I-192
§ 5.7 Documenting That the Applicant Merits a Waiver
§ 5.8 Filing Fees and Fee Waivers
§ 5.9 Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs)
§ 5.10 Waiver Denials and Resubmissions
Chapter 6: T Nonimmigrant Adjustment of Status Eligibility
§ 6.1 Introduction
§ 6.2 Overview of Eligibility Requirements for T Adjustment of Status
§ 6.3 Granted T Nonimmigrant Status and Continue to Hold T Nonimmigrant Status
§ 6.4 Continuous Physical Presence in T Nonimmigrant Status
§ 6.5 Person of Good Moral Character During T Nonimmigrant Status and Adjustment of Status Process
§ 6.6 Assistance in the Investigation or Prosecution or a Showing of Extreme Hardship
§ 6.7 Inadmissibility and Discretionary Issues
Chapter 7: Adjustment of Status Process
§ 7.1 Documentation Requirements for T Adjustment of Status
§ 7.2 Completing Form G-28
§ 7.3 Completing Form I-485
§ 7.4 Form I-765/Work Permit Application
§ 7.5 Filing Fees and Fee Waivers
§ 7.6 Passport
§ 7.7 Medical Exam
§ 7.8 Proving Continuous Physical Presence
§ 7.9 Evidence of Good Moral Character
§ 7.10 Establishing Compliance with Reasonable Requests for Assistance or Extreme Hardship
§ 7.11 Form I-601/Inadmissibility
§ 7.12 Evidence That Discretionary Approval Is Warranted
§ 7.13 Filing the Adjustment of Status Application
§ 7.14 Biometrics
§ 7.15 Approvals and Denials
Chapter 8: Assisting Family Members
§ 8.1 Overview of Qualifying Family Members
§ 8.2 Family Members Defined under Immigration Law
§ 8.3 “Qualifying Family Member” Relationships for T Derivative Status
§ 8.4 Documenting the Family Relationship
§ 8.5 T Nonimmigrant Application Timing and Procedure for Derivative Family Members
§ 8.6 Admissibility
§ 8.7 Employment Authorization
§ 8.8 T Derivative Approvals in the United States
§ 8.9 T Derivative Approvals Outside the United States (Consular Processing)
§ 8.10 Adjustment Procedure for T Nonimmigrant Derivative Family Members
§ 8.11 Qualifying Family Members with Removal Issues
§ 8.12 Revocation of Derivative Status
Chapter 9: T Visas and Removal Issues
§ 9.1 Applicants Currently in Removal Proceedings
§ 9.2 Continuances
§ 9.3 Administrative Closure
§ 9.4 Termination
§ 9.5 Detained Applicants
§ 9.6 Waivers of Inadmissibility
§ 9.7 Applicants with Prior Orders of Removal
§ 9.8 T Visas for Lawful Permanent Residents
Chapter 10: T Travel Issues
§ 10.1 Introduction
§ 10.2 Bringing Derivatives from Abroad
§ 10.3 Travel Before Approval Notice Issued
§ 10.4 Approval Notices for Derivatives Abroad
§ 10.5 Decision to Travel
§ 10.6 Consular Processing
§ 10.7 Border Entry with CBP
§ 10.8 Entering the United States
§ 10.9 Parole for Adjustment of Status Applicants
Chapter 11: Working with Children and Youth
§ 11.1 Introduction
§ 11.2 General Practice Tips for Working with Children and Youth
§ 11.3 Understanding Trauma in Children and Avoiding Re-Traumatization
§ 11.4 Legal and Ethical Issues in Representing Children
§ 11.5 Special Agencies and Programs for Children or Youth Trafficking Survivors
Chapter 12: Practical Client Considerations
§ 12.1 Housing and Shelters
§ 12.2 Case Management
§ 12.3 Health Services
§ 12.4 Government Agencies
§ 12.5 Working with Interpreters
§ 12.6 Funders
§ 12.7 Keeping and Sharing Confidential Information Professional Obligations and Privileged Relationships
§ 12.8 Civil Cases
Chapter 13: Secondary Trauma and the Importance of Self-Care
§ 13.1 Concepts of Secondary Trauma (Vicarious Trauma, Compassion Fatigue)
§ 13.2 Symptoms of Secondary Trauma
§ 13.3 Assessing the Possibility of Re-Traumatization or Secondary Trauma
§ 13.4 Awareness of the Effects of Working with Trauma Survivors
§ 13.5 Issues Unique to Legal Representatives
§ 13.6 Issues Unique to Staff
§ 13.7 Issues Unique to Interpreters
§ 13.8 Self-Care: Why It’s Important
§ 13.9 Self-Care: Prevention of Secondary Trauma
Appendix
Index of Appendices
Appendix A
Appendix B
Appendix C
Appendix D
Appendix E
Appendix F
Appendix G
Appendix H
Appendix I
Appendix J
Appendix K
Appendix L
Appendix M
Appendix N
Appendix O
Appendix P
Appendix Q
Appendix R
Appendix S
Appendix T
Appendix U
Appendix V
Appendix W
Appendix X
Appendix Y
Appendix Z
Appendix AA
Appendix BB
Appendix CC
Appendix DD
Appendix EE
Appendix FF
Appendix GG
Appendix HH
Appendix II
Appendix JJ
Appendix KK
Appendix LL
Appendix MM
Appendix NN
Appendix OO
Appendix PP
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