Present danger of retaliation allows the principal applicant to apply for derivative status for certain family members who would otherwise be ineligible based on their age if that family member is currently facing a present danger of retaliation. 8 CFR § 214.11(k)(1)(iii). The present danger of retaliation must be a direct result of the principal’s escape or cooperation with law enforcement. USCIS evaluates each present danger derivative application on a case-by-case basis. The principal and derivatives must be able to articulate and describe the present danger that resulted from the principal escaping or cooperation with LEA. The principal’s affidavit alone is generally insufficient as evidence of present danger of retaliation. They must provide additional evidence in the form of third party affidavits, police reports, news articles, court documents, and others in order to prove their claim for present danger.

When describing the present danger it is important to:

• Explicitly relate the danger the family is experiencing abroad to the trafficking that occurred in the U.S.;
• Provide an account of how the principal’s disclosure of the trafficking victimization has affected the family members; and
• Describe the steps the family has taken in order to protect themselves from the retaliation (e.g., reports to local law enforcement in home country or efforts to relocate to a safe location to escape retaliation).

For additional information, review:

• USCIS Policy Manual, Part B, Vol. 3, Ch. 4 & 5.
• DHS Policy Memorandum PM-602-0107, New T Nonimmigrant Derivative Category and T and U Nonimmigrant Adjustment of Status for Applicants from the Commonwealth of the Northern Mariana Islands