A trafficking survivor applying for T-1 nonimmigrant status must demonstrate that they would suffer extreme hardship involving unusual and severe harm upon removal from the U.S. The regulations include a non-inclusive list of factors that the adjudicator may consider in assessing whether a survivor has met the extreme hardship requirement, including the likelihood of harm at the hands of the trafficker or the trafficker’s associates and loss of access to the U.S. criminal justice system and courts. While the Policy Manual clarifies that USCIS will consider both traditional hardship factors and those specific to trafficking survivors, CAST recommends focusing on factors pertaining to the trafficking victimization and trafficking-related impacts, as those may be viewed as strongest by USCIS and will be less likely to undermine another required element.

For more information, check out these additional resources:

• T Visas Part 1 e-learning course
• CAST physical presence advisory
  • This advisory addresses the intersection between hardship & physical presence and provides practice tips.
• CAST extreme hardship blog post [1]

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Last updated March 2026

[1] Please note that this blog post was authored in 2019, before the issuance of the USCIS Policy Manual and updated regulations. Be sure to review the current regulations and policy guidance when considering the tips contained within.