On April 19, 2024,[1] CAST moderated a panel focused on T visas with representatives from the USCIS Office of Policy & Strategy (OP&S), Service Center Operations (SCOPS), and the Vermont Service Center (VSC) at the annual Freedom Network Conference. Key takeaways for practitioners are as follows:

Communication with VSC

• Current hotline response times for I-914-related inquiries are approximately 60 calendar days. USCIS requested that legal representatives wait 75 days for a response before sending a follow-up email to the hotline. When sending a follow-up inquiry, legal representatives should put “SECOND REQUEST” in the subject line to flag the earlier request.
• Hotline customer services representatives will generally not respond to status inquiries when a case is within posted processing times, though they will respond when certain issues are flagged, such as an error on a receipt notice, a change of attorney, etc. The “case inquiry date” shown when inputting the I-914 receipt date should not dictate when the hotline will respond if the number of months displayed as the current processing time has passed since filing.
  • CAST COMMENT: Before contacting the hotline to inquire about when a case will be adjudicated, be sure to check the posted processing times on USCIS’s webpage. If the case has been pending for longer than the posted processing time, the hotline should respond to the status inquiry regardless of the information shown in the “case inquiry date" field. USCIS welcomed examples of hotline non-responsiveness, which can be submitted via this ASISTA & AILA call for examples, open as of publication of these notes.
• USCIS mentioned expanded customer service options through the USCIS Contact Center for those with pending and approved VAWA, U, and T applications.
  • CAST COMMENT: As a follow-up to the conference session, USCIS confirmed that the Contact Center is currently only available to VAWA/U/T applicants and beneficiaries, not legal representatives.

Filing tips

• USCIS shared the preferred order of documents in an I-914 filing: 1) G-28; 2) Form I-914; 3) Form I-914B (if applicable); and 4) supporting evidence. A table of contents can be helpful to include.
• USCIS advised that all the required fields be completed on the I-914 as the answers help adjudicators determine eligibility and process applications without unnecessary requests for evidence (RFEs).
• USCIS indicated that evidence submitted in connection with an I-914 should be relevant to the application, and an explanation of the relevance in a cover letter can be helpful. Inclusion of evidence that is not clearly connected to the eligibility requirements may prolong the adjudicator’s review or result in an RFE.
  • CAST COMMENT: CAST guidance regarding evidence in T visa applications may be found here.

Case processing & processing times

• USCIS is aware of the significant increase in T visa filings and is discussing internally how to address the increase.
• There are currently 34 officers working on I-914 filings and USCIS plans on training another 8 to 10 within the next month or two. Training new officers generally results in temporarily slower processing times as officers are pulled off adjudications to conduct training.
• T-based extensions of status are adjudicated by the I-914 team and also the U and T AOS team.
• USCIS reported that as of April 11, 2024, VSC was intaking T-based I-485s dated March 25, 2024. USCIS also reported that for a very short time, T-based I-485s were being receipted at the Nebraska Service Center in error, but that has since been corrected.
  • CAST COMMENT: USCIS requested examples of receipt delays so it could check to find the root of any receipt delays. As of the publication of these notes, examples are currently being collected by ASISTA and AILA.
• The biggest impact on T adjustment processing times [currently approximately 39 months] is the need to RFE for an I-693, which adds approximately 90 days to the processing time. Often, the I-693s are missing certain information, for example if there is documentation in the file indicating drug abuse. The new policy guidance that I-693s signed after November 1, 2023 do not expire should help reduce T AOS processing times.
  • CAST COMMENT: Where possible, T adjustment applicants should consider including a completed I-693 with their T AOS filing in the hopes of reducing the processing time. CAST recommends that practitioners advise their clients to obtain an unsealed copy of the I-693 from the civil surgeon prior to submission to USCIS so the I-693 can be reviewed for completeness and inadmissibility concerns.
• Where an applicant responds to an RFE and USCIS loses the submission and denies the case, the applicant’s legal representative should notify the hotline so the customer service team can reach out to service center staff to try to locate the RFE response. USCIS has the option of requesting that the individual resubmit a copy of their RFE response.
  • CAST COMMENT: In such an instance, in addition to reaching out to the hotline to request sua sponte reopening of the underlying application, CAST advises that legal representatives timely file an I-290B with evidence that the RFE was responded to within the allowable time and including a copy of the RFE response. As of the publication of these notes, ASISTA & AILA are collecting examples of lost submissions to USCIS; examples may be submitted here.

Expedite requests

• Representatives may request an expedite via the appropriate hotline using the subject line “EXPEDITE REQUEST.”
• Intake personnel do not review expedite requests made via filings because they do not look at filings beyond data entry, organizing the filing in a file jacket, and scheduling biometrics. If an expedite request is made through a filing, the officer will make that determination, in conjunction with a supervisor, when the file gets to them. To ensure that an expedite request is seen as expeditiously as possible, it should be made by email to the hotline.
• USCIS will review expedite requests from ICE for applicants in immigration custody or who have final orders of removal. For expedite requests that do not come from ICE—including for individuals in custody or with final orders—the applicant or legal representative must make the request based on USCIS’s normal expedite criteria. USCIS cannot entertain an expedite request from an applicant or representative directly unless it's for humanitarian reasons beyond the fact of detention or removal proceedings.
  • CAST COMMENT: USCIS advised it would like to be informed if ICE is regularly declining to make expedite requests for individuals with removal orders or who are detained. As of publication of these notes, such examples are currently being collected by AILA. Practitioners representing T applicants who are detained or have final orders of removal should review ICE Directive 11005.3, Using a Victim-Centered Approach with Noncitizen Crime Victims for ICE’s policies regarding enforcement actions involving applicants for victim-based immigration relief.

Biometrics

• USCIS indicated that scheduling biometrics appointments is part of the intake process for each filing and when USCIS receives an increase in filings, it will take a little longer for biometrics notices to be issued.
• Legal representatives may contact the hotline if biometrics are mistakenly scheduled in the U.S. for a derivative applicant abroad. Similarly, applicants may contact the hotline to reschedule a missed U.S. biometrics appointment.
• To ensure that derivative applicants abroad are issued biometrics notices for capture at a consular post or USCIS office abroad rather than an appointment to appear at an Application Support Center in the U.S., the relevant questions on form I-914A should be completed. Legal representatives may also indicate in a cover letter that the derivative applicant is overseas.
• USCIS has regularly been in touch with the Department of State on the topic of prioritizing biometrics appointments for U and T applicants abroad and other related issues. As indicated in a recent response to stakeholders, USCIS is unable to create a program-wide policy allowing for the use of alternative evidence of lack of criminal history in lieu of biometrics.
  • CAST COMMENT: Note that the response to stakeholders includes contact information for some consular posts abroad, along with other updates regarding availability of biometrics appointments for U and T applicants abroad. As of publication of these notes, AILA continues to collect examples of issues obtaining biometrics appointments for U and T nonimmigrant applicants abroad in order to monitor any ongoing challenges.
• The email address to schedule fingerprints in Honduras is [email protected]. USCIS’s online scheduler may also be used.

T-1 evidentiary requirements & inadmissibility

• A nonverbal or disabled survivor who is unable to fulfill the personal statement requirement may make a request for disability accommodations. To do so, use the “request accommodation” feature found at https://www.uscis.gov/about-us/disability-accommodations-for-the-public.
• USCIS confirmed that U and T nonimmigrant applicants are subject to INA § 212(a)(7)(B)(i)(II) inadmissibility due to lack of a valid nonimmigrant visa or border crossing card. 

Derivatives

• USCIS confirmed that the age-out protections at 8 CFR § 214.11(k)(5)(ii) protect a derivative who qualified at the time of I-914 filing, regardless of when the I-914A is filed or adjudicated. The operative date is the date of filing the I-914.
• I-914As filed after I-914 approval are worked in first in, first out order, meaning that delayed I-914A filings will have to wait approximately the posted processing time for adjudication.
• USCIS confirmed that when an I-914A is denied solely because the I-914 was denied, a separate I-290B for the I-914A is not required. If USCIS reopens and approves the I-914, it will also reopen the I-914A for adjudication.
• It is very important to submit documentation supporting an expedite request for a present danger of retaliation I-914A filing. USCIS confirmed that a personal statement alone may be sufficient if it is sufficiently detailed for USCIS to make a decision. Specific supervisory T points of contact review these requests.
• USCIS indicated that where a T-1 has received an extension of status due to timely filing for adjustment of status but derivative applicants remain abroad, the T-1’s legal representative should email the hotline to request an extended I-914A approval notice to allow derivatives to complete consular processing.
• USCIS also recommended that T-1s file an I-539 to extend status rather than proceeding with an adjustment application where derivatives remain abroad, as filing the I-485 puts the T-1 in line for adjustment and the derivative will be unable to enter the U.S. on an approved I-914A if the T-1 adjusts status. USCIS advised that it does not hold I-485s in abeyance to allow T derivatives to consular process. When the T-1 files an I-539, they may include a request to amend the I-914A approval validity period to allow derivatives to consular process.
• USCIS requested more information about erroneous biometrics and consular processing information being provided by Department of State contractors, as well as instances where information on T visa processing is unavailable through automated visa navigators utilized by many consulates abroad.
  • CAST COMMENT: As of publication of these notes, such examples are currently being collected by AILA.
• When an I-193, Application for Waiver of Passport and/or Visa, is filed with the Vermont Service Center (VSC) in connection with an I-914A, it is adjudicated by VSC. VSC adjudicates the I-193 along with the I-914A, so there is no separate I-193 processing time. An I-193 should be supported by evidence that the applicant is not in possession of a valid passport and cannot obtain one, such as the applicant’s personal statement or any other documentation they possess demonstrating why they are not able to obtain a passport. Similar to approved I-914As and I-192s for T derivative applicants abroad, copies of the approved I-193 are sent to the Kentucky Consular Center (KCC) [for uploading to PIMS, for the consular post to access].
• USCIS confirmed that when a T derivative is admitted from abroad, the period of admission authorized by CBP controls over the individual’s visa or I-914A approval notice. Where the information on the actual admission stamp or I-94 issued by CBP varies from the information actually entered by CBP into DHS systems, USCIS will attempt to research which validity period should be the correct one and has contacts to reach out to in the event a correction is needed. Such research and correction may take time to accomplish.
• USCIS regularly transmits data to the Social Security Administration (SSA) when a T derivative’s I-765 is approved. For a social security card to be generated, all the fields required for card production must be completed on the I-765. For example, the social security card cannot be automatically produced if required fields such as the country of birth, code of admission, or parents’ names are incomplete. Instead, the applicant would need to visit the local SSA office directly.
  • CAST COMMENT: USCIS’s Office of Policy & Strategy (OPS&) also shared that it worked with the SSA to revise some of SSA’s internal policy guidance related to social security card issuance for T nonimmigrants, and that OP&S wants to hear if folks are continuing to have challenges. CAST suggests that legal representatives reach out to the appropriate SSA Regional Communications Director where a local SSA office is not issuing a social security card despite having submitted a complete SSN application or when social security card issuance is significantly delayed. Practitioners continuing to face T nonimmigrant social security challenges may contact CAST for technical assistance.
• USCIS stated that where a previously admitted T derivative no longer has T nonimmigrant status, they will no longer be eligible for readmission into T status if the principal applicant is no longer a T nonimmigrant, whether the T-1 has already adjusted status or their T status has lapsed. This includes individuals currently in the U.S. who previously held T derivative status and the T-1 has already adjusted to permanent residence.

Employment authorization

• USCIS acknowledged the vital importance of work permits for T visa applicants. EADs are produced through a process separate from printing of I-914 and I-914A approval notices, and card production timelines can vary depending on I-765 filing volumes. When filing volumes are high, it can take two to three weeks for a card to be produced and mailed. USCIS requested that practitioners wait 30 days before contacting the hotline for assistance with an EAD that has not been received.

Travel for T nonimmigrants

• USCIS indicated that a T nonimmigrant who obtains advance parole and returns to the U.S. from a trip abroad with that advance parole and before the expiration of their T validity period is considered to have resumed T status after expiration of the CBP parole. Such individuals do not need to file an I-539 or take some other step to resume T nonimmigrant status [assuming time remains in their T validity period].

Miscellaneous

• The I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Document is not fee exempt for T nonimmigrants unless they qualify under one of the explicit exemptions on USCIS’s Fee Schedule webpage.
  • CAST COMMENT: Where a T derivative who entered via a port-of-entry but was not issued an I-94, and the I-94 is inaccessible via CBP’s I-94 lookup, a fee exemption applies as specified on USCIS’s Fee Schedule webpage. For more information on I-94s for T derivatives who consular process, please see CAST’s FAQ here.

[1] Note that this session was held prior to USCIS publication of the T visa final rule on April 30, 2024. The final rule goes into effect August 28, 2024. A summary of the changes can be found here.