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What to Know About the Updated Guidance on T Visa Adjudications by the USCIS

The United States Citizenship and Immigration Services (USCIS) is issuing policy guidance regarding the adjudication of applications for T nonimmigrant status for victims of severe trafficking. To learn more about this policy, continue reading and reach out to our experienced New Jersey immigration attorney for guidance. Our firm is dedicated to ensuring our clients achieve the knowledge they require to make decisions that will benefit them and their future. Give our firm a call today to learn more. We are here to help.

What does this policy do?

The following is a summary of the policy that will aid victims of trafficking:

  • Clarifies that USCIS is adopting the decision issued by the Ninth Circuit in Medina Tovar v. Zuchowski
    • Medina Tovar v. Zuchowski is a case that involved an adjudication of petitions for U nonimmigrant status. This was for nationwide application in the adjudication of applications for T nonimmigrant status
    • USCIS evaluates whether the relationship existed at the time the principal application was favorably adjudicated (rather than when the principal application was filed) when evaluating a spousal or stepparent and stepchild relationship between the principal T nonimmigrant applicant and a qualifying family member
  • Describes how USCIS evaluates the association between the original victimization and the applicant’s continuing presence in the United States. This is done when evaluating the physical presence eligibility requirement
  • Presents guidance on eligibility requirements, burdens of proof, evidentiary standards, travel considerations, confidentiality protections, and admissibility determinations for T nonimmigrant status applicants
  • Explains how USCIS evaluates involuntary servitude claims, USCIS evaluates during conditions of servitude induced by the following scenarios: domestic violence and victimization that may occur during a voluntary smuggling arrangement
  • Explains that the age-based exemption to the requirement to comply with reasonable requests for assistance from law enforcement is based on the age of the victim at the time of victimization
  • Clarifies how USCIS defines the term “harboring.”
    • Harboring is an enumerated action under a severe form of trafficking in persons

If you have any questions about this policy and how this may affect you, it is important that you reach out to our experienced immigration attorney who will walk you through any questions or concerns you may have. Give our firm a call today to learn more about our services and how we can assist you.

Contact our experienced New Jersey firm

We understand how much is on the line when clients face matters related to immigration. If you are in need of experienced legal counsel for matters regarding immigration, please contact the Law Offices of Salvatore A. Falletta, LLC and we would be happy to provide you with assistance. Our firm is located in Lyndhurst, New Jersey. Contact us today to schedule a consultation.