USCIS has historically interpreted the “physical presence” requirement for the T visa to mean that (1) the trafficking occurred in the U.S. and (2) the victim has not left the U.S. since the trafficking occurred (with limited exceptions). In other words, USCIS wants to know why the applicant is still in the U.S. after they escaped their victimization. Physical presence for T visa purposes does not simply involve showing that the victim was brought to the U.S. by their traffickers. Additionally, T visa applicants are not required to demonstrate that their initial entry was connected to trafficking at all! 

The T visa regulations require that an applicant demonstrate that they are physically present in the U.S. on account of trafficking which means articulating how the client’s current presence in the U.S. is connected to the trafficking. 8 CFR § 214.11(g) USCIS's Policy Manual provides helpful context to the physical presence requirement in Volume 3, Part B, Ch. 2.C & Ch. 3.C.6. 

Sample physical presence arguments or explanations include that the survivor:

• is currently receiving trafficking-specific victim services;
• is currently cooperating with law enforcement;
• is experiencing trafficking-related trauma that delayed their ability to come forward; and
• lacked an opportunity to depart due to barriers related to the trafficking.

The strongest physical presence arguments are those that are directly related to the trafficking experience. Presenting explanations that are unrelated to the trafficking victimization can minimize or undermine the strength of the argument. 

For more information, check out these additional resources:

• CAST Physical Presence Advisory
• T Visas Part 1 E-learning Course