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 > Regulations
Topic: Regulations
[pdf] EOIR Director’s Memorandum 22-03: Administrative Closure (Nov. 22, 2021) (+)
This directive restores administrative closure allowing immigration judges to temporarily pause removal proceedings. This docket management tool established by Matter of Cruz-Valdez allows an exercise of discretion to remove lower priority cases from the docket. Advocates and attorneys of immigrant survivors may consider seeking administrative closure of a case to expedite their clients’ case.
[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] 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] NIWAP Comments: Collection and Use of Biometrics by USCIS (October 13, 2020) (+)
[pdf] NIWAP Comments Proposed Rule: Special Immigrant Juvenile Petitions (November 15, 2019) (+)
NIWAP’s comments on the proposed rule on Special Immigrant Juvenile Status.
[pdf] T Visa Regulations 2002 and 2016 (June 23, 2020) (+)
This document compares and tracks with comments the evolution and regulatory history of the T visa regulations. It includes the full regulatory history preamble language from both sets of regulations. It interlineates the 2002 regulations to help users identify which parts of the 2002 regulations and the preamble supporting that language remain in effect after implementation of the 2016 regulations. It also identifies which parts of the 2002 regulations were substantially modified, overruled, or replaced by the 2016 regulations and crosses out those provisions and any preamble language that is no longer relevant after implementation of the 2016 regulations. This is a tool that will help lawyers, judges and the field better understand the T visa regulations, and their history and purpose so as to better serve victims of human trafficking.
[pdf] Emergency Shelter and Transitional Housing for Immigrant Victims: Government Policies (February 10, 2017) (+)
This document brings together in one collection the polices issued by federal government agencies describing the legal rights of immigrant and Limited English Proficient (LEP) victims of domestic violence, sexual assault, dating violence, stalking, human trafficking, child abuse, and the homeless to access emergency shelters and transitional housing from a wide array of programs offering these services who receive federal funding. The federal agency policies in this collection include policies issued by:
The U.S. Department of Justice (Office of Victims of Crime, Office on Violence Against Women)
The Health and Human Services (Family Violence Prevention)
The U.S. Department of Housing and Urban Development
These policies provide the requirements for providers of emergency shelter, transitional housing and other programs offering services necessary to protect life and safety. this packet of policies will help advocates and attorneys working with immigrant survivors and immigrant children gain access to housing, services and assistance they are eligible to receive without regard to their immigration or LEP status.
[pdf] VAWA Reauthorization 2013 Changes to U Visa and Adjustment of Status (+)
Interim Guidance policy memorandum implementing VAWA 2013 statutory changes to the U visa program. This memo adds new crimes, discusses age out protections for U visa children, the public charge exception for VAWAs, Ts and Us, U visa adjustment of status improvements, and access to foster care and unaccompanied refugee minor programs for certain u visa recipients.
[pdf] Domestic Violence and Sexual Assault Public Policy Timeline Highlighting Accomplishments on Behalf Of Immigrants and Women of Color (February 11, 2017) (+)
Provides an overview of the historical achievements that improve laws, policies, practices and access to services for battered women, sexual assault victims and particularly immigrant and women of color victims.
[pdf] Federal Register: Health and Human Services: Final Rule Non-Discrimination in Health Care Access (July 18, 2016) (+)
Federal Register issue on the Health and Human Services department on the topic of nondiscrimination in federal health programs, services, and activities.
[pdf] Field Adjudicators Manual: New Classification for Victims of Criminal Activity – Eligibility for “U” Nonimmigrant (+)
USCIS Memorandum to provide guidance to USCIS officers regarding eligibility requirements and procedures under the new nonimmigrant classification created by the Victims of Trafficking and Violence Protection Act of 2000.
[pdf] Fact Sheet: Certifying U Nonimmigrant status (+)
Fact sheet on certifying U nonimmigrant status using the I-918 form and supplement B. An alien victim of criminal activity may file for U Nonimmigrant Status – status set aside for victims of crimes who have suffered substantial mental or physical abuse because of the activity and who also are willing to assist law enforcement agencies or government officials in the investigation of that activity.
[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] INS Detention Standard: Non-Medical Emergency Escorted Trips (+)
INS Detention standard operating procedure regarding non-medical emergency escorted trips. The Immigration and Naturalization Service (INS) provides detainees with approved staff escorted trips into the community for the purpose of visiting critically ill members of the detainee’s immediate family, or for attending their funerals.
[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] USCIS Publishes New Rule for Nonimmigrant Victims of Human Trafficking and Specified Criminal Activity (December 8, 2008) (+)
Fact sheet on eligibility requirements for “T” and “U” nonimmigrant visas and adjustment of status.
[pdf] Federal Register: New Classification for Victims of Criminal Activity for Eligibility for ‘‘U’’ Nonimmigrant Status (U Visa Regulations) (September 17, 2007) (+)
Federal Register for new classification for victims of criminal activity for the eligibility for ‘‘U’’ nonimmigrant status. This interim rule amends Department of Homeland Security regulations to establish the requirements and procedures for aliens seeking U nonimmigrant status. The U nonimmigrant classification is available to alien victims of certain criminal activity who assist government officials in investigating or prosecuting such criminal activity.
[pdf] Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons (June 18, 2002) (+)
A guide for federal financial assistance recipients on Title VI of the Civil Rights Act of 1964 against discrimination of limited English proficient individuals.
[pdf] Guidance on Standards and Methods for Determining Whether a Substantial Connection Exists Between Battery or Extreme Cruelty and Need for Specific Public Benefits (December 11, 1997) (+)
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), as amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, provides that certain categories of aliens who have been subjected to battery or extreme cruelty in the United States are “qualified aliens” eligible for certain federal, state, and local public benefits. To be qualified under this provision, an alien must demonstrate, among other things, that there is a substantial connection between the battery or extreme cruelty and the need for the public benefit sought. This notice provides guidance to benefit providers regarding substantial connection determinations.
[pdf] Interim Guidance on Verification of Citizenship, Qualified Alien Status, and Eligibility Under Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (November 17, 1997) (+)
Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (“PRWORA”) requires the Attorney General, by February 1998, to promulgate regulations requiring verification that an applicant for federal public benefits is a qualified alien eligible to receive federal public benefits under the Act. Amendments to the PRWORA by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 also require the Attorney General, within the same time period, to establish fair and nondiscriminatory procedures for applicants to provide proof of citizenship. Amendments to the PRWORA by the Balanced Budget Act of 1997 require the Attorney General, by November 3, 1997, to issue interim verification guidance that sets forth procedures that benefit providers can use to verify citizenship, qualified alien status, and eligibility under Title IV of the PRWORA prior to issuance of the final regulations. In accordance with this last statutory requirement, the Attorney General, in consultation with federal benefit-granting agencies, has developed this interim guidance.
[pdf] Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA); Interpretation of “Federal Means-Tested Public Benefit” (August 21, 1997) (+)
This notice with comment period interprets the term “Federal means-tested public benefit[s]” as used in title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), Pub. L. 104-193, to include only mandatory spending programs of the Federal Government in which eligibility for the programs’ benefits, or the amount of such benefits, or both, are determined on the basis of income or resources of the eligibility unit seeking the benefit. At HHS, the benefit program programs that fall within this definition (and are not explicitly excepted from the definition by Section 403(c)) are Medicaid and Temporary Assistance for Needy Families (TANF).
[pdf] Determination of Situations that Demonstrate a Substantial Connection Between Battery or Extreme Cruelty and Need for Specific Public Benefits (July 24, 1997) (+)
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), as amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, provides that certain categories of aliens who have been subjected to battery or extreme cruelty in the United States are “qualified aliens” eligible for certain federal, state, and local public benefits. To be qualified under this provision, an alien must demonstrate, among other things, that there is a substantial connection between the battery or extreme cruelty and the need for the public benefit sought.The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), as amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, provides that certain categories of aliens who have been subjected to battery or extreme cruelty in the United States are “qualified aliens” eligible for certain federal, state, and local public benefits. To be qualified under this provision, an alien must demonstrate, among other things, that there is a substantial connection between the battery or extreme cruelty and the need for the public benefit sought. Through this notice, the Attorney General declares what circumstances demonstrate such a substantial connection.
[pdf] VAWA Self-Petitioning Regulations – Interim Rule (March 26, 1996) (+)
Federal Register: Petition to Classify Alien a s Immediate Relative of a United States Citizen or as a Preference Immigrant; Self-Petitioning for Certain Battered or Abused Spouses and Children. This interim rule amends the Immigration and Naturalization Service (“the Service”) regulations to allow a spouse or child to seek immigrant classification if he or she has been battered by, or subjected to extreme cruelty committed by, the citizen or lawful permanent resident spouse or parent. It also permits a spouse to seek classification if his or her child has been battered by, or subjected to extreme cruelty committed by, the citizen or lawful permanent resident spouse. A
qualified spouse or child who is living in the United States but is not a permanent resident may use the procedures established by this rule to self-petition for immigrant classification.