On January 27, 2022, USCIS’s Public Engagement division held a webinar entitled Immigration Options and Resources for Victims of Trafficking with representatives from the USCIS Office of Policy & Strategy (OPS), the Service Center Operations Directorate (SCOPS), and the Ombudsman. A copy of the webinar presentation is available in USCIS’s Electronic Reading Room, along with answers to pre-submitted questions. 

Main take-aways for T visa practitioners are as follows:

Policy Manual T visa sections (Volume 3, Part B)

• Released in October 2021, emphasizes USCIS’s trauma-informed approach to trafficking.
• Key areas clarified by the manual: age-based law enforcement cooperation exemption, physical presence requirement, trafficker intent, and attempted

T visa data & processing times

• Long processing times are generally due to Requests for Evidence (RFEs) pending the applicant’s response, cases held by outside agencies, and pending background checks. The majority of the backlog is due to ASC (biometrics) appointments; there is not a large backlog of cases that are ready to be worked up by an adjudicator.
• USCIS added resources to the T visa program during fiscal year 2020 and issued a record number of decisions in FY2020.
• USCIS recently released Characteristics of T Nonimmigrant Status (T Visa) Applicants, a more detailed set of T-related data that includes country of origin, state of residence, age and gender, and certification-related data.

Bona fide determinations

• There is no current plan to implement a bona fide determination (BFD) process for T visa applicants because under the current regulations, the review required is essentially a full adjudication.
• USCIS will release data on U visa BFDs including processing times, when it has sufficient data.
• Both BFDs and full U visa adjudications will be conducted by adjudicators; the BFD process is not superseding U visa adjudications.

Law enforcement certifications

• I-914 Supplement B, Declaration of Law Enforcement Officer for Victim of Trafficking in Persons (“certifications”) must contain an original ink signature; copies cannot be submitted to USCIS.
• Certifications are not required evidence for the T visa.
• USCIS maintains a record of designated signing officials. If a law enforcement agency wants to update that information with USCIS or has general questions about certifications, they can email the law enforcement-only email hotline at [email protected].
• Reminder regarding the recently updated T Visa Law Enforcement Resource Guide (updated October 2021).

T visa filing tips, best practices, and comments regarding VSC adjudications from SCOPS

• Recommended order of filings: 1) G-28; 2) I-914; 3) I-914B (if applicable); 4) I-192 (if applicable); 5) supporting documentation
  • If responding to an RFE, place the RFE on top, followed by any cover letter and supporting evidence.
• If the representative is aware of applicable grounds of inadmissibility, an I-192 should be filed with the initial I-914/I-914A application.
• Include family relationship evidence with both the principal and derivative applications to cut down on RFEs.
• If a U.S.-based derivative wants employment authorization, file the I-765 with the I-914A to speed up adjudication time.
• Pro se (unrepresented) applicants must communicate with VSC by mail due to 8 USC § 1367 confidentiality protections; they cannot utilize the VSC hotline email ([email protected]).

Abeyance of I-485s and derivatives abroad

• In situations where the T-1 has a pending I-485 but still wants to bring over overseas derivatives, VSC’s preferred process is that the applicant withdraw the I-485 and timely file an I-539 with exceptional circumstances evidence (e.g., evidence regarding the need to complete consular processing and travel). As a general rule, once an I-485 application is filed by the T-1, USCIS operates under the assumption that the applicant wants the application adjudicated. I-485s generally will not be held in abeyance.

Miscellaneous

• USCIS will be producing a FAQ with T visa-related information that will be posted on its website.