This policy manual was issued by USCIS and governs T visa adjudications. It also serves as a resource for judges, attorneys, and victim advocates providing a resource for accessing legally accurate information on the T visa. The policy manual includes section that provide a complete overview of the T visa purpose, background, and policies for an immigrant victim of human trafficking. It includes detailed chapters on eligibility, evidence requirements, eligible family members, and timing for a T visa application. This USCIS policy manual provides professionals working with immigrant victims of human trafficking a guide for successfully completing an application and obtaining the visa and benefits to which T visa applicants and holders are entitled.
Regulations and Policies > VAWA T-U Policies
Topic: VAWA T-U Policies
Materials regarding VAWA T-U policies.
[pdf] Romain v. Napolitano (March 16 2012) United States District Court (+)
Romain v Napolitano (March 16 2012), U.S. District Court, Eastern District of New York. NIWAP, represented by Morgan, Lewis and Bockius, served as lead amicus in the first VAWA Confidentiality appeal of denial of a criminal court discovery order. This was a case in which a domestic violence perpetrator who was being prosecuted for domestic violence sought discovery under Brady and W.M.V.Crio of the VAWA confidentiality protected VAWA self-petition immigration case filed by his battered immigrant spouse. The perpetrator of spousal rape subpoenaed the
victims VAWA self-petition case from the U.S. Department of Homeland Security. The Federal District Court ultimately denied the subpoena and discovery of the self-petition file by the criminal defendant
spouse.
[pdf] Friendly House Et Al., V. Michael B. Whiting Et Al., United States District Court Arizona (June 11 2010) (+)
Friendly House Et Al., V. Michael B. Whiting Et Al., United States District Court Arizona, (2010) Recruited by the ACLU, MALDEF, The National Immigration Law Center and the Asian Pacific American Legal Center to organize a women’s perspective amicus in support of plaintiff’s motion for a preliminary injunction to stop implementation of key portions of Arizona’s anti-immigrant legislation SB 1070. Legal Momentum also assisted in identifying immigrant victim plaintiff’s for this lawsuit. 83 women’s, violence against women’s and allied organizations joined the brief which demonstrated how SB 1070 interferes with federal protections for immigrant crime victims; cuts immigrant women and their children off from federally provided services necessary to protect life, health and safety, and harms children by depriving them of the care and nurturing of their mothers through detention leading to family separations. The Mexican Consulate translated this brief and is distributing it in Spanish. (Manatt, Phelps, and Phillips, Pro Bono)
[pdf] European Connections & Tours, Inc. v. Gonzales (April 24 2006) (+)
European Connections & Tours, Inc. v. Gonzales, (2006) Developed amicus brief and assisted the U.S. Attorney General in a motion to dismiss a 1st Amendment challenge to the collection of data on male clients for prospective brides and 5th Amendment Equal Protection challenge to regulation of for-profit or majority for-profit but not cultural or religious International Marriage Brokers. (Crowell and Moring, Pro Bono).
[pdf] Equal Employment Opportunity Commission v. Koch Foods 5th Circuit (October 22 2015) (+)
Equal Employment Opportunity Commission v. Koch Foods. NIWAP Inc. collaborated with Latino Justice, the law firms of Arnold and Porter and Procopio, and Legal Momentum to submit an amicus brief to the 5th Circuit Court of Appeals in an interlocutory appeal of a Federal District Court decision to allow an employer who employed supervisors who perpetrated rape, sexual assault, felonious assault, extortion, sexual harassment and other discrimination against workers to use civil court discovery in an EEOC enforcement action to obtain copies of the victim’s VAWA confidentiality protected U visa case files. The brief provided legislative history of the VAWA confidentiality provisions and the U visa and discussed the public policy effects on victims of domestic violence, sexual assault, human trafficking and other crimes if discovery of VAWA confidentiality protected information is allowed in civil cases. (October 22, 2015)
[pdf] United States V. Luciana Moreno-Lopez; (June 7 2010) United States District Court, Eastern District of Chattanooga (+)
Amicus brief in a case in which undocumented workers had been victims of extortion, when the workers complained to EEOC and the Department of Labor the employer retaliated by triggering the employees detention by the Department of Homeland Security.
The workers filed and received U-visas as victims of extortion despite this fact, the U.S. attorney brought charges
against the workers for document fraud. This amicus brief, filed in the employees’ criminal case, described the
history and purpose of the U-visa as humanitarian relief and a tool for law enforcement.
[pdf] Question and Answer for Naturalization Webinar 9.27.22 (+)
Q & A Follow Up on Naturalization Webinar (9/23/22) – Family Law Community of Practice 9/27/22
[pdf] Victims of Human Trafficking: T Nonimmigrant Status (+)
This USCIS webpage describes who qualifies for the T visa. It outlines the definition of “severe form of trafficking in persons” and provides quick information on eligibility, application, and employment authorization. It includes eligibility for qualifying family members, public benefits, and links to other resources developed by the Department of Homeland Security on T visas, […]
[pdf] DHS Center for Countering Human Trafficking Fact Sheet (+)
The DHS Center for Countering Human Trafficking (CCHT) works to promote counter human trafficking law enforcement operations, protect victims, and enhance prevention efforts by aligning DHS’ capabilities and expertise. This fact sheet provides a one-page resource containing information on the duties of the CCHT as well as contact information for the center.
[pdf] T Visa Law Enforcement Resource Guide (+)
This T Visa Law Enforcement Resource Guide is intended for federal, state, local, Tribal and territorial law enforcement, prosecutors, judges and other government agencies who are authorized to sign T visa declarations. This standalone resource guide on T visas for certifying agencies. It provides information on eligibility requirements for immigrant victims, best practices for certifying […]
[pdf] Policy Manual Victims of Human Trafficking Waivers of Admissibility (+)
This USCIS policy manual provides an overview of the waivers available for T visa applicants, including the USCIS’ discretion to waive grounds of inadmissibility specific to T visa applicants and discretion to waive certain grounds of inadmissibility based on balancing positive and negative factors. It describes each of the discretionary waivers in detail as well […]
[pdf] U and T Visa Certifications and Certification Reporting Requirements In California (June 25, 2020) (+)
This report documents how state government agencies, police, courts, prosecutors and other agencies responsible for completing U visa certifications and T visa declarations are required under state law to file annual reports in California.
[pdf] Chevron Doctrine and U Visa Certification (June 12, 2021) (+)
Chevron doctrine and U visa certification
[pdf] Law Enforcement Prosecutor U Visa Letter – DHS 5.25.21 (+)
Letter from NIWAP and Law Enforcement and Prosecutors to Secretary of DHS Mayorkas.The letter explains how criminal investigations and prosecutions are undermined when immigrant victims do not have the safety and security that comes with being assured that they will not be deported and being able to leave abusive homes and employers because they have […]
[pdf] DHS Proteccions Para Las Víctimas Inmigrantes (Protections for Immigrant Victims)(Marzo 1, 2017) (+)
El Departamento de Seguridad Nacional ha producido una infografía que provee un resumen de protecciones legales para víctimas de crimen quien son adultos y niños. Esta infografía provee protección sobre inmigración para víctimas que sufren abuso en los estados unidos y/o en el extranjero. Las formas de alivio son: VAWA auto petición, Visa U, Visa T, Presencia Continua, Estado Especial de Inmigrante Juvenil (SIJS) y Asilo. Esta infografía tiene enlaces al sitio de web de DHS con materiales de entrenamiento e información sobre estos programas, formas de aplicaciones e instrucciones producido por el gobierno.
[pdf] COW2016000918 FOIA Response (+)
Section 384 Overview and District Returns on VAWA-based filings from USCIS
[pdf] Battered Spouse Waiver COW2016000918 Cover Letter (August 25, 2017) (+)
[pdf] U-Visa: “Helpfulness” Checklist (+)
This checklist has been developed to assist police, prosecutors, judges, commissioners, magistrates and other U visa certifying officials in identifying the wide range of ways an immigrant crime victim can provide helpfulness to justice system officials and government agencies in detection, investigation, prosecution, conviction or sentencing of U visa listed criminal activity. The document includes citations to U.S. Department of Homeland Security policies, regulations, guidance and training materials on U visa certification and helpfulness. A national team of law enforcement, prosecutors and judicial trainers with expertise and experience on the U visa contributed to the development of the list of examples of helpfulness included in this document based on their experience and expertise.
[pdf] VAWA-Confidentiality-History-Purpose-and-Violations (+)
Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This chapter contains detailed legislative history on the development and evolution of the Violence Against Women Act (VAWA) confidentiality protections under U.S. immigration laws. VAWA’s immigration confidentiality protections accomplish three objectives: 1) preventing DHS, DOJ and the U.S. State Department from relying on information provided by a perpetrator or the perpetrator’s family member to harm victims; 2) barring the release by government officials of information about the existence of, actions taken in, or materials contained in a VAWA confidentiality protected case file; and 3) establishing a list of protected locations at which immigration enforcement actions in cases involving immigrant crime victims are not to take place. This chapter discusses each of these protections in detail and includes statutory and legislative history, regulations and government policies implementing VAWA confidentiality protections. This chapter also contains a discussion of sanctions applicable to DHS, DOJ, and State Department officials when VAWA confidentiality violations occur.
[pdf] Immigration Rights of Victims of Human Trafficking (+)
Short card on immigration rights of victims of human trafficking.
[pdf] U Visa Case Scenarios Faculty Sheet (+)
[pdf] DHS Infographic – Thai (+)
*San Francisco Superior Court, Civil Division, U Visa Certification Protocol (October 27, 2017)
On October 27, 2017 the Superior Court of California, County of San Francisco, Civil Division issued a U-Visa Certification Protocol that governs how U Visa certifications will be processed and issued by judges in that court. The San Francisco Superior Court Civil Division handle a wide range of matters including family law cases (divorce, custody, […]
[pdf] San Francisco Superior Court Civil Division U-Visa Certification Protocol 10-27-17 (+)
This U-Visa Certification Protocol adopted by the Superior Court of California, San Francisco County for the Civil Division is a model that can be adopted by courts across the country. The policy cites and is fully consistent with DHS policies, regulations and publications on U visa certification.
[pdf] DHS Protections for Immigrant Victims – Russian (+)
СРЕДСТВА ЗАЩИТЫ ДЛЯ ИММИГРАНТОВ – ЖЕРТВ ПРЕСТУПЛЕНИЙ
[pdf] DHS Infographic – Chinese (中文) (+)
DHS Infographic – Chinese (中文)
[pdf] DHS PROTEÇÕES PARA VÍTIMAS IMIGRANTES – (Protections for Immigrant Victims) [pdf] (+)
O Departamento de Segurança Interna produziu uma infográfico que fornece um resumo das proteções legais para vítimas de crimes que são adultos e crianças. Este infográfico fornece proteção de imigração para vítimas de abuso nos Estados Unidos e / ou no exterior. As formas de alívio são: VAWA, visto U, visto T, presença contínua, status […]
[pdf] Connecticut U Visa Law Enforcement Protocol (June 22, 2010) (+)
The Connecticut Officer Standards and Training Council issued a detailed protocol setting out U and T visa certification policies and training requirements for law enforcement agencies in Connecticut. General Notice 10-01. “Adoption of a Uniform Connecticut Law Enforcement Protocol for Treating Victims of Family Violence Whose Immigration Status is Questionable.” This implements the provisions of Connecticut Code Section 46b-38b(e)(5) which requires that every police department in the state designate at least one official responsible for U visa certification who assist immigrant victims with U visa certification.
[pdf] Connecticut U Visa Certification Statute (2010) (+)
Connecticut Code Section 46b-38b(e)(5) requires that every police department in the state designate at least one official responsible for U visa certification who assist immigrant victims with U visa certification. The statute further requires that the Police Officer Standards and Training Council issue detailed U visa certification protocols that are to be adopted by each law enforcement agency in the state. See General Notice 10-01 “Adoption of a Uniform Connecticut Law Enforcement Protocol for Treating Victims of Family Violence Whose Immigration Status is Questionable.”
[pdf] California: New and Existing State and Federal Laws Protecting Immigrnat Victims of Crime (October 28, 2015) (+)
Policy issued by the State of California Attorney General on U visa certification in California.
*California’s U Visa Certification Law (Penal Code Section 679.10)
California’s Immigrant Victims of Crime Equity Act (SB 674; California Penal Code Section 679.10) became law on January 1, 2017. Implementing policy for the California Attorney General: New and Existing State and Federal Laws Protecting Immigrant Victims of Crime October 28, 2015. Immigrant Legal Resource Center (ILRC) Publications on California’s U Visa Certification Law ILRC fact […]
[pdf] Attorney General Guidelines for Victim Witness Assistance (2005) (+)
[pdf] Department of Homeland Security: U Visa Immigration Relief for Victims of Certain Crimes: An Overview for Law Enforcement (February 2017) (+)
The U.S. Department of Homeland Security published a tool that provides an overview for law enforcement and other government agencies (including judges) authorized by the U Visa statutes, regulations and policies to sign U visa certifications. The overview describes the role of a certifier, what constitutes U Visa criminal activity, which government agencies are eligible to certify, who can sign a certification, when a certification may be signed, tips for completing the certification, and includes phone numbers, websites and resources available to assist certifiers from DHS and United States Citizenship and Immigration Services.
[pdf] Congressional Research Service, Immigration Provisions of the Violence Against Women Act (VAWA) (May 15, 2012) (+)
Report by William A Kandel of the Congressional Research Service Report on how VAWA provisions work, critiques of Immigration provisions, requirements, concerns, and current legislation. Discusses the legislative history and implementation of battered spouse waiver, the VAWA self-petition, and the U visa.
[pdf] DHS U and T Visa Law Enforcement Resource Guide Updated November 30, 2015 (+)
Updated November 30, 2015, the Department of Homeland Security published an updated resource guide to clarify and further explain the role of certifying agencies in the U and T visa application process. This guide addresses concerns, answers common questions, and provides accurate information on signing I-918B and I-914B forms for federal, state, local, tribal, and territorial law enforcement, prosecutors, judges, and other government agencies qualified to sign U visa certifications such as the EEOC, federal and state labor departments, adult and child protective services, and any other eligible agencies that have criminal, civil, or administrative investigative or prosecutorial authority. The guide provides information on what U and T visas are, discusses U visa qualifying criminal activities and severe forms of trafficking in persons, explains the standard for “helpfulness” and “reasonable request for assistance”, and has many more important tips and information about the U and T visa.
[pdf] Immigrant Crime Victims and U Visa Certification – What is it and Why Should Judges Care? (National) (+)
This judicial training update published by Judge Alan F. Pendleton, Anoka County District Court, provides guidance on U visa certification by state court judges based on the ABA rules of judicial ethics and U.S. Department of Homeland Security (DHS) policies, regulations, training materials and statutes and consultation with DHS U visa experts. This training update for judges discusses the U visa program, dispels common myths about U visa certification by judges, answers questions judges and court staff have about U visa certification, and discusses judicial ethics ABA rules and a 2015 Minnesota Advisory Opinion discussing how, when and why judges can sign U visa certifications consistent with judicial ethics rules and canons.
[pdf] Immigrant Crime Victims and U Visa Certification – What is it and Why Should Judges Care? (Minnesota) (+)
This judicial training update published by Judge Alan F. Pendleton, Anoka County District Court, provides guidance on U visa certification by state court judges based on the ABA rules of judicial ethics and U.S. Department of Homeland Security (DHS) policies, regulations, training materials and statutes and consultation with DHS U visa experts. This training update for judges discusses the U visa program, dispels common myths about U visa certification by judges, answers questions judges and court staff have about U visa certification, and discusses how, when and why the Minnesota Code of Judicial Conduct permits signing of U visa certifications and the June 26, 2015 Minnesota Board of Judicial Standards Advisory Opinion 2015-2 on this issue.
[pdf] American Online Dating Association v. Gonzales (+)
Plaintiff challenging the IMBRA and requesting a temporary restraining order prohibiting enforcement of IMBRA sections, which require international marriage brokers to search national and state sex offender registries and collect domestic client information regarding arrests and convictions, restraining orders, marital history, and ages of minor children and requires the disclosure of this information to potential foreign spouses. Court denied Plaintiff’s Motion for a Temporary Restraining Order.
[pdf] Automatic Administrative Relief for Aliens Eligible for Nonimmigrant Status (+)
Memorandum discussing automatic Administrative Relief for Aliens Eligible for Nonimmigrant Status under Sections 101 (a)(15)(T) and (U) of the Immigration and Nationality Act and advises field offices on new procedures for handling such cases.
[pdf] Advance Questions/Discussion Topics for VSC Meeting (+)
General questions regarding U-visas and VAWA self-petition for Vermont Service Center meeting.
[pdf] Vermont Service Center Stakeholder Conference (+)
Questions and answers from U.S. Citizenship and Immigration Services Vermont Service Center Stakeholder Conference on various topic areas; including G-28, Duplicate Approval Notices, I-751, Student Visas, Temporary Protected Status, H-1B issues, J- waiver issues, etc.
[pdf] USCIS Questions and Answers: Filing T, U, and VAWA Petitions with USCIS (June 30, 2009) (+)
USCIS Questions and Answers: Filing T, U, and VAWA Petitions with USCIS (June 30, 2009).
[pdf] Inquiry Process for T, U, and VAWA Applicants (+)
Questions and answers for the inquiry process for T, U and VAWA Applicants.
[pdf] T Visa and U Visa Adjustment to Lawful Permanent Residency Regulations (December 12, 2008) (+)
The Department of Homeland Security is amending its regulations to permit aliens in lawful T or U nonimmigrant status to apply for adjustment of status to lawful permanent resident. This rule provides that family members of a principal T or U nonimmigrant granted or seeking adjustment of status may also apply for adjustment of status to lawful permanent resident. This rule also
provides for adjustment of status or approval of an immigrant petition for certain family members of U applicants who were never admitted to the United States in U nonimmigrant status.
[pdf] Executive Summary: Blue Campaign Stakeholder Meeting with Senior Counselor Alice Hill (+)
On December 10, 2010, Alice Hill, Senior Counselor to the Secretary of Homeland Security, hosted a meeting with stakeholders in the fight against human trafficking. The meeting was the second stakeholder meeting of the DHS Blue Campaign to combat human trafficking, launched in July of 2010. The Blue Campaign’s mission is “To harness the authorities and resources of the Department of Homeland Security to deter human trafficking by increasing awareness, protecting victims, and contributing to a robust criminal justice response.” The meeting focused on current projects of the Blue Campaign as well as future deliverables. Invitees included representatives from throughout the federal government, state and local law enforcement, non-governmental organizations, foreign governments, the United States Congress, the private sector, and the general public.
[pdf] Current State of VAWA and Trafficking Victim Protection Act Implementing Regulations and Policies (February 13, 2013) (+)
The following article provides an up-to-date list of VAWA statutory provisions for which no implementing regulations or policies have been issued. This list is followed by a consequent list of VAWA and Trafficking Victim
Protection Act (TVPA) regulations that were overruled by statute. This report ends with a list of
current regulations that do not reflect expansions of VAWA or TVPA protections that became
law subsequent to the issuance of the regulations.
[pdf] Immigration Relief for Victims of Human Trafficking and Other Crimes (Continued Presence, T and U Visas) (+)
Information for law enforcement officials on immigration relief for victims of human trafficking and other crimes. This document contains information about the forms of immigration relief and the distinct roles that HSI, USCIS, and law enforcement officials play in assisting victims.
[pdf] Chapter 11: Human Trafficking and the T-Visa (July 10, 2014) (+)
Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. Chapter focuses on human trafficking and addresses the Victims of Trafficking and the Violence Protection Act, T-Visas, Eligibility Requirements, Definition of key terms, and practice pointers.
[pdf] Department of Homeland Security Policy Answers to Law Enforcement Reasons for Not Certifying (+)
This document presents a list of many questions frequently asked by government agencies considering U visa certification. For each of the often reported reasons that agencies provide for not certifying the documents lists provides correct information in response to that question based on citations to information from published DHS policies, publications, regulations, regulatory history, statutes, roll call videos and training materials.
[pdf] U Visa Law Enforcement Certification Resource Guide (+)
Department of Homeland Security resource guide clarifies and explains the role of certifying agencies in the U visa application process. This guide was published by DHS to provide accurate information on signing I-918B forms for federal, state, local, tribal, and territorial law enforcement, prosecutors, judges, and other government agencies qualified to sign U visa certifications such as the EEOC, federal and state labor departments, adult and child protective services, and any other eligible agencies that have criminal, civil, or administrative investigative or proprietorial authority. The guide provides information about what a U visa is, how law enforcement and government agencies have a special role in certification, tips on filling out the form, and contains answers to frequently asked questions.
[pdf] Prosecutorial Discretion: Certain Victims, Witnesses, and Plaintiffs (+)
U.S. Immigration and Customs Enforcement 2011 Memorandum setting forth the policies that direct the use of prosecutorial discretion in cases involving victims of and witnesses to crimes, including crimes of domestic violence, sexual assault, human trafficking, and other crimes. It includes protections from removal for individuals involved in efforts related to the protection of their civil rights. This document establishes DHS priorities for victim protection and summarizes and contains links to Immigration and Customs Enforcement policies of importance to immigrant crime victim cases.
[pdf] San Francisco Police Department 11-031: U-Visa Protocol for Assisting Immigrant Victims of Crime (+)
San Francisco U Visa Certification Policy.
[pdf] DHS Broadcast Message on New 384 Class of Admission Code (December 1, 2010) (+)
Broadcast from the Department of Homeland Security to DHS personnel on the creation of the Class of Admission “384” code in the Central Index System, that alerts personnel of an immigrant victim who is protected by VAWA confidentiality protections.
[pdf] Metropolitan Police Department (Washington, DC) Teletype on U-visas (+)
Washington, D.C. U Visa certification policy.
[pdf] Austin Police Department Procedure B301b – U Nonimmigrant Status Certifications (+)
U Visa certification policy implemented by the Austin Police Department, Austin, Texas May 30, 2008.
[pdf] Memorandum: Interim Guidance Relating to Officer Procedure Following Enactment of VAWA 2005 (+)
Memorandum from John Torres to Field Office Directors and Special Agents in Charge providing guidance to operational units of U.S. Immigration and Customs Enforcement on the new confidentiality procedures created by VAWA 2005 in cases involving individuals who may be eligible to apply for VAWA benefits or T or U visas.