Consular Processing for T and U Nonimmigrant Status: Questions and Answers, Part II

Consular Processing for T and U Nonimmigrant Status: Questions and Answers, Part II

Q6. What should derivative family members do when they arrive at the U.S. Embassy or Consulate for an interview?

A6. Overseas derivative family members should enter the U.S. Embassy or Consulate with other visa applicants and clearly indicate that their appointment is for a T or U nonimmigrant visa. DOS strongly recommends they bring a copy of the online submission of Form DS-160 and the USCIS notice of the T or U application or petition approval to the interview to avoid potential processing delays. A consular officer will ask a series of questions to determine eligibility to obtain a T or U visa to enter the United States. The officer may request that additional information be mailed, or be hand-delivered, if a second interview is scheduled.

Q7. Overseas family members can receive a waiver for a ground of inadmissibility, if USCIS approves Form I-192, Application for Advance Permission to Enter as a Nonimmigrant. However, DOS sometimes discovers additional grounds of inadmissibility for family members with approved Forms I-192. When this occurs, what must these overseas family members do to enter the United States?

A7. The approved Form I-192 in conjunction with an application or petition for T or U nonimmigrant status waives only the inadmissibility ground(s) listed on the Form I-192. If additional inadmissibility grounds are found by the consular officer or stated during the consular interview, the overseas derivative family member will not be allowed to enter the U.S. unless they are able to waive the inadmissibility ground(s) by filing a new Form I-192 with USCIS. If the new Form I-192 waiver is approved, USCIS will notify the overseas derivative family member and the DOS of the decision. It will again be the responsibility of the overseas derivative family member to schedule an appointment with the U.S. Embassy or Consulate to continue with their consular processing.

Q8. Can DOS request that an overseas derivative family member provide DNA test results —or any other evidence or documentation—before they may receive a T or U nonimmigrant visa?

A8. Yes. DOS, through the consular interview process, may request any and all evidence that is deemed necessary to determine if an overseas derivative family member is eligible for a T or U nonimmigrant visa. This may include DNA test results to establish family relationships and any other evidence needed to address ineligibility issues raised during the consular interview.

Q9. What can a principal T or U nonimmigrant in the United States do if overseas derivative family members are told when they arrive for an interview at a U.S. Embassy or Consulate that DOS has no information or evidence from USCIS on their approved application or petition (e.g. derivative T or U nonimmigrant petition or Form I-192 waiver)?

A9. If a T or U nonimmigrant application or petition is approved, USCIS will notify DOS of the decision. If DOS tells the overseas family member that no evidence of an approval has been received, the attorney, representative or principal T or U nonimmigrant should contact USCIS, either (please choose only one):

               By email at hotlinefollowupI918I914.vsc@dhs.gov or

               By phone at 802-527-4888.

When you contact USCIS for this reason, please:

               Provide the derivative family member’s name, "A" number and receipt number, and

               Describe the problem.

USCIS sends all information relating to an approval of T or U nonimmigrant status directly to the DOS to upload into the electronic database used by every U.S. Embassy and Consulate. Overseas family members can also avoid delays by bringing their USCIS approval notice to the interview.

Q10. Where can I find more information on specific U.S. Embassies or Consulates? (Information such as office hours, scheduling an interview, and what a derivative family member should bring to the interview?) Who can I contact if there are issues with consular processing?

A10. This information and more is available on the DOS website at www.usembassy.gov. If, after contacting the U.S. Embassy or Consulate, there are issues with an overseas derivative family member’s case, call the Department of State’s public inquiries line at 202-663-1225.

Consular Processing for T and U Nonimmigrant Status: Questions and Answers, Part I

Consular Processing for T and U Nonimmigrant Status:

Questions and Answers, Part I

Q1. What should family members overseas do when they receive a notice from USCIS instructing them to report to the nearest U.S. Embassy or Consulate to have fingerprints taken?

A1. They should contact the nearest U.S. Embassy or Consulate directly using the information provided on the U.S. Embassy’s or Consulate’s website at www.usembassy.gov. When contacting the U.S. Embassy or Consulate, they must indicate that the fingerprint appointment is for a derivative T or U nonimmigrant visa.

Q2. How do family members overseas complete consular processing to enter the United States once they receive USCIS approval of a derivative T or U nonimmigrant application or petition?

A2. After receiving notice from USCIS that their derivative nonimmigrant application or petition has been approved, overseas family members must contact the nearest U.S. Embassy or Consulate to schedule an interview to receive a T or U visa. This step is required before the overseas family members can process into the United States. To find the nearest U.S. Embassy or Consulate and detailed information about nonimmigrant visa processing, overseas family members should visit www.usembassy.gov.

Q3. Will DOS contact overseas family members to schedule their appointments for an interview at the U.S. Embassy or Consulate?

A3. No. Once overseas family members receive their USCIS approval notice of derivative nonimmigrant status, they must contact the nearest U.S. Embassy or Consulate to schedule an interview to receive their T or U nonimmigrant visa. USCIS and DOS are not responsible for contacting applicants to schedule this interview.

Q4. Will overseas family members receive the T or U nonimmigrant visa at this interview?

A4. No. U.S. Embassies or Consulates generally require 48 hours to process a visa after the interview, and will then mail the passport and visa to the overseas family members. This time period can be lengthened if, based on the interview, it is found that applicants will require additional evidence for processing. Remember that the U.S. Embassy or Consulate determines whether an overseas derivative family member is eligible to receive a visa to enter the United States, and can take action that results in the visa being denied.

Q5. What DOS visa application form must approved T or U nonimmigrant overseas family members submit to the U.S. Embassy or Consulate?

A5. Overseas derivative family members must submit DOS Form DS-160, Online Nonimmigrant Visa Application, to apply for a T or U nonimmigrant visa. Most U.S. Embassies and Consulates require that the Form DS-160 be filled out before the overseas family member can make an appointment for an interview, although the process may vary at certain locations.

Please visit www.usembassy.gov for specific information on that U.S. Embassy or Consulate. The Form DS-160 can be found online at http://ceac.state.gov/genniv/. The Form DS-160 must clearly state the request for derivative T or U nonimmigrant visa.

Consular Processing for T or U Nonimmigrant Status

Introduction

USCIS provides immigration relief to victims of various crimes—including domestic violence and human trafficking—by granting one of two forms of relief: T nonimmigrant status and U nonimmigrant status.

Principal victims granted T or U nonimmigrant status may additionally apply or petition USCIS on behalf of overseas family members for derivative T or U nonimmigrant status so that these family members can join them in the United States.

Before family members of principal T or U visa holders can enter the United States, they must first undergo processing with the U.S. Department of State (DOS) at a U.S. Embassy or Consulate to obtain a T or U visa abroad. This is known as consular processing.

USCIS will decide on the basis of the application or petition filed by the principal T or U nonimmigrant status holder whether an overseas family member qualifies for derivative T or U nonimmigrant status. DOS will then separately determine that family member’s eligibility to receive a visa in order to enter the United States.

Definition of a Derivative Family Member

A T or U nonimmigrant derivative family member is someone who may be eligible for a T or U visa because of their family relationship with the principal victim. If a principal victim receives T or U nonimmigrant status, a family member may "derive" their status from their family relationship with the principal. See INA 101(a)(15)(T)(ii) and INA 101(a)(15)(U)(ii).

For Whom Can A Principal Victim Apply on Behalf of?

If the principal victim	They may apply on behalf of
Is under 21	A spouse, child, parent, or unmarried sibling under 18.
Is over 21	A spouse or child
Is eligible for a special T visa principal category in which family members face a present danger of retaliation	A parent or sibling under 18

Overall Process for Overseas Family Members

1. The T or U principal (the primary victim of the crime) applies or petitions with USCIS on behalf of the overseas family member for derivative T or U nonimmigrant status, using either:

               For T nonimmigrant status, Form I-914, Supplement A, Application for Immediate Family Member of T-1 Recipient, or

               For U nonimmigrant status, Form I-918, Supplement A, Petition for Qualifying Family Member of U-1 Recipient.

2. USCIS sends a fingerprint notice for the overseas family member to the attorney, representative or principal T or U nonimmigrant in the United States (as supplied on the form).

3. The overseas family member contacts the appropriate U.S. Embassy or Consulate to schedule an appointment for fingerprinting. Depending on the location, either Department of Homeland Security (DHS) or DOS will conduct the fingerprinting.

4. The department that conducts the fingerprinting sends the fingerprints to the USCIS Vermont Service Center.

5. USCIS adjudicates (approves or denies) the application or petition for derivative T or U nonimmigrant status.

6. If approved, USCIS sends notice of approval to the attorney, representative or principal T or U nonimmigrant (as supplied on the form) and to DOS.

7. The overseas family member schedules an interview with DOS at the nearest U.S. Embassy or Consulate to apply for their visa in order to enter the United States. It is the responsibility of the family member, and not DOS, to schedule an interview. The overseas family member should not wait to be contacted.

8. DOS interviews the overseas family member. This step may take several visits and further evidence. It then approves (if applicable) a T or U visa.

9. Following the approval, DOS sends the visa to the overseas family member.

10. The overseas family member makes travel arrangements to enter the United States on their derivative T or U visa.

Victims of Human Trafficking: "T" Nonimmigrant Status Q&A

T Nonimmigrant Status (T Visa) is set aside for those who are or have been victims of human trafficking and are willing to assist law enforcement in the investigation or prosecution of acts of trafficking. 

Background
In October 2000, Congress created the “T” nonimmigrant status by passing the Victims of Trafficking and Violence Protection Act (VTVPA). The legislation strengthens the ability of law enforcement agencies to investigate and prosecute human trafficking, and also offer protection to victims.

Questions and Answers

Q.   What Is Human Trafficking?
A.   Human trafficking, also known as trafficking in persons, is a form of modern-day slavery in which traffickers lure individuals with false promises of employment and a better life. Traffickers often take advantage of poor, unemployed individuals who lack access to social safety nets. The T nonimmigrant visa allows victims to remain in the United States to assist federal authorities in the investigation and prosecution of human trafficking cases.

To consider a situation ‘trafficking’ depends on the type of work, and the use of force, fraud, or coercion to obtain or maintain work.

Under Federal law, the term “severe forms of trafficking” can be broken into two categories:

• Sex trafficking:  recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act where the commercial sex act is induced by force, fraud, or coercion, or the person being induced to perform such act is under 18 years of age.
• Labor trafficking: recruitment, harboring, transportation, provision, or obtaining of a person for labor or services through the use of force, fraud, or coercion for the purpose of involuntary servitude, peonage, debt bondage, or slavery.

Q.   Do Federal Laws Prohibit Trafficking In Persons?
A.   Yes. The Thirteenth Amendment to the U.S. Constitution outlaws slavery and involuntary servitude (holding another in service through force or threats of force.) The Victims of Trafficking and Violence Protection Act (VTVPA) supplements existing laws that apply to human trafficking, including those passed to enforce the Thirteenth Amendment. The VTVPA also establishes new tools and resources to combat trafficking in persons, and provides an array of services and protections for victims of severe forms of trafficking.

Q.   Is There Any Immigration Relief Available For a Victim of a Severe Form of Trafficking In Persons?
A.   Yes. Victims of severe forms of human trafficking are eligible for a T Nonimmigrant status (T visa). The T nonimmigrant visa allows victims to remain in the United States to assist in the investigation or prosecution of human traffickers. Once a T nonimmigrant visa is granted, a victim can apply for permanent residence after three years.

Q.   How Do You Become Eligible For T Nonimmigrant Status?
A.   To qualify for T nonimmigrant status you must:

• Be or have been a victim of severe trafficking in persons.
• Be physically present in the United States, American Samoa, or the Commonwealth of the Northern Mariana Islands, or at a port of entry on account of trafficking.
• Comply with any reasonable request from a law enforcement agency for assistance in the investigation or prosecution of human trafficking.
• Demonstrate that you would suffer extreme hardship involving severe and unusual harm if you were removed from the United States.

If under the age of 18 at the time of the victimization, or if you are unable to cooperate with a law enforcement request due to physical or psychological trauma, you may qualify for the T nonimmigrant visa without having to assist in investigation or prosecution.

You must also be admissible to the United States or obtain a waiver of admissibility.

Q.   What is the Application Process to Obtain a T Nonimmigrant Visa?
A.   If you are a victim of a severe form of trafficking, you must submit a Form I-914, Application for T Nonimmigrant Status. The Form I-914 requests information regarding your eligibility for T nonimmigrant status, as well as admissibility to the United States. You must also include a statement in your own words about your victimization. You may submit a law enforcement agency endorsement using Form I-914, Supplement B, Declaration of Law Enforcement Officer for Victim of Trafficking in Persons. You also have the option to submit secondary evidence of compliance with reasonable requests for assistance. This evidence may include: trial transcripts, court documents; police reports, news articles and affidavits.

Q.   Are There Fees That I Must Pay To Apply?
A.   There is no fee to file a Form I-914, Application for T Nonimmigrant Status. You may submit a Request for Fee Waiver, Form I-912 (or a written request), for all other forms associated with filing your Form I-914. For more information about fee waiver guidance, click here.

Q.   Can My Family Members Also Obtain T Nonimmigrant Status?
A.   Yes. Immediate family members are eligible for derivative nonimmigrant status.

If the principle is ...	Then...
Under 21 years of age	They may apply on behalf of spouse, children, parents and unmarried siblings under age 18.
21 years of age or older	They may apply on behalf of spouse and children

To apply for family members, you must submit a Form I-914 Supplement A, Application for Immediate Family Member of T-1 Recipient. Your family member’s application can be filed at the same time as you or at a later time.

Q.   Are There a Limited Number of T Nonimmigrant Visas Given Each Year?
A.   Yes.  Congress has limited the number of T nonimmigrant visas granted each year to 5,000. This does not apply for family derivative visas. Once the cap is reached, applicants will be placed on a waiting list. This waiting list allows those applicants who cannot be granted a visa due to the numerical limitation to obtain priority in the following year.

Q.   Can I Legally Work in the United States If I Have T Nonimmigrant Status?
A.   Yes. When USCIS grants T nonimmigrant status, an Employment Authorization Document (EAD) is granted at the same time. The information for the EAD is generated from the Form I-914. There is no need to file a Form I-765, Application for Employment Authorization, along with the application for a T nonimmigrant status.

Q.   How Long Am I Allowed to Remain in the United States With My T Nonimmigrant Visa?
A.   The T nonimmigrant visa is valid for four years and a visa holder may be eligible to apply for permanent residence (Green Card) after three years in a T nonimmigrant status.

Q.   How Can I Apply For Permanent Residence (Green Card)?
A.   You may apply for permanent residence by submitting Form I-485, Application to Register Permanent Residence or Adjust Status. You must have been lawfully admitted to the United States as a T nonimmigrant and must continue to hold such status at the time of application.

To qualify for permanent residence, you must:

• Be physically present in the United States for a continuous period of at least three years in T nonimmigrant status, or a continuous period during the investigation or prosecution of the acts of trafficking, provided that the Attorney General has certified that the investigation or prosecution is complete, whichever time is less.
• Maintain good moral character during your stay in the United States.
• Have complied with any reasonable request for assistance in the investigation or prosecution of acts of trafficking demonstrate extreme hardship involving unusual and severe harm upon removal from the United States or have been under 18 years of age at the time of the trafficking victimization.
• Be admissible to the United States, or obtain a waiver of admissibility.

You may apply for a green card after you have held T nonimmigrant status for three years. If you file before meeting the three year status requirement your application will be denied, unless you have submitted a certification from the Attorney General that the investigation or prosecution is complete.

Q.   Is A Victim of Trafficking Eligible For Any Services And Benefits?
A.   Victims of trafficking may be eligible for a number of federally funded benefits and services regardless of immigration status if they have been certified by the U.S. Department of Health and Human Services (HHS), Office of Refugee Resettlement (ORR). Once a victim has been certified, they are eligible for the same services as a refugee. If the victim is under the age of 18, he or she is eligible for certain benefits without the requirement of certification.

Q.   Are There Any Other Forms of Immigration Relief Available to Victims of Trafficking?
A.   Yes. Another status granted to victims of human trafficking is U nonimmigrant status (U visa). To apply for a U visa, victims must file a Form I-918, Petition for U Nonimmigrant Status. U visas are awarded to people who have suffered substantial physical or mental abuse as a result of having been a victim of specified criminal activity.