A trafficking survivor’s departure from the U.S. after the trafficking victimization has ended generally prevents them from establishing the requisite physical presence, even upon return to the U.S., unless one of five grounds under 8 CFR § 214.207(b) applies. Physical presence is deemed broken even where the client is deported, but not in other circumstances where the survivor’s departure was involuntary (e.g., the trafficker forced their departure).

Where the survivor is able to return to the U.S., establish eligibility for a departure “exception” under 8 CFR § 214.207(b), and also establish eligibility under 8 CFR § 214.207(a) (applicable to all T-1 applicants), they may still be able to qualify for a T visa.

For more on physical presence in T visa cases, check out these resources:

• CAST physical presence toolkit and advisory
• T Visas Part 1 e-learning Course

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Last updated March 2026