Two statutory waivers of inadmissibility are available to T visa applicants--INA §§ 212(d)(3) and 212(d)(13). The (d)(13) waiver is a generous waiver available only to applicants for T nonimmigrant status, while the (d)(3) waiver is the general nonimmigrant waiver. 8 CFR § 212.16 discusses how an applicant for T nonimmigrant status may request a waiver of inadmissibility as well as the discretionary analysis undertaken by adjudicators in reviewing such waiver requests.

USCIS instructs adjudicators to first consider (d)(13) waiver eligibility and then to consider eligibility for a waiver under (d)(3), if it determines that the applicant is not eligible for the trafficking-specific waiver. USCIS Policy Manual Vol. 9, Part O, Ch. 3.A, 3.C, & 4.A. Advocates should therefore first argue eligibility for the (d)(13) waiver, when available, and then argue for the (d)(3) waiver in the alternative.

To demonstrate eligibility for the (d)(13) waiver, except for health-related inadmissibility, the applicant needs to demonstrate how the grounds are connected to the trafficking and should discuss any national interest factors meriting approval, as discussed in the Policy Manual. CAST recommends that attorneys consider arguing expansively for (d)(13) waiver eligibility whenever possible. 

To demonstrate eligibility for a (d)(3) waiver, the applicant should indicate how waiver is in the national interest. The waiver request should also demonstrate how the social and humanitarian factors outweigh the risk of harm to society and the seriousness of the inadmissibility or any adverse factors. USCIS Policy Manual, Vol. 9, Part O, Ch. 4.B.

Please see the following resources for more information: 

• CAST Advisory, Waivers of Inadmissibility in T Visa Cases (Dec 2022)
• CAST Waivers of Inadmissibility Toolkit
• Sample I-192 (for T visa applicants) and I-601 (for T adjustment applicants)
• T Visas Part 1 E-learning Course