Present Danger of Retaliation

How do we demonstrate present danger of retaliation?

Important Update: The T Final Rule was released on April 30, 2024, updating regulations impacting T and T AOS applicants. These changes will be effective starting August 28, 2024. As a result, our resources may be temporarily out of date.

CAST is actively working on updating our trainings, advisories, and other materials to reflect the new regulations. We appreciate your patience during this transition period and encourage you to review the new regulations and our advisory, Overview of the 2024 T Visa Final Rulewhile we update our resources.

Thank you for your understanding.


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-602-0107New T Nonimmigrant Derivative Category and T and U Nonimmigrant Adjustment of Status for Applicants from the Commonwealth of the Northern Mariana Islands