Apply for a Green Card as a Victim of Trafficking

Denice Flores • October 24, 2024

The U.S. offers avenues for relief, including the opportunity to adjust status to a lawful permanent resident of the U.S. under specific provisions for trafficking victims.
Here is an overview of the requirements and important considerations to know:

In order to be eligible to apply and become a lawful permanent resident, you must meet the following requirements:
  • Be lawfully admitted to the United States as a T-nonimmigrant;
  • Continue to hold T nonimmigrant status at the time of applying for a green card;
  • Maintain continuous physical presence in the United States. There are two ways to prove continuous presence;
o Continuous physical presence must be maintained for at least 3 years, since the date of being lawfully admitted as a T nonimmigrant
o Or continuous presence can be the time that the trafficking investigation or prosecution takes, whichever period of time is shorter.
  • Prove you are a person of good moral character since first being admitted as a T- nonimmigrant and during the entire time your green card application is pending; and
  • Meet one of the following:
o Prove you have complied with any reasonable request for assistance in the investigation or prosecution of the acts of trafficking since first being admitted as a T-1 nonimmigrant and until USCIS makes a decision on your green card application; or
o Prove you would suffer extreme hardship involving unusual and severe harm if you were removed from the United States; or
o Prove you would suffer extreme hardship involving unusual and severe harm if you were removed from the United States; or

All of the requirements must be satisfied to be eligible to apply for adjustment of status as a trafficking victim. 

Applying for your green card is a significant step towards reclaiming your life and securing a future in the U.S. If you or someone you know is a trafficking victim seeking to adjust status, contact our office and schedule a consultation with our experienced immigration attorneys. 

This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.

Denice Flores

Similar Posts


By Angelica Rice December 6, 2024
Key Changes to T Visa Process (Effective October 23, 2024) U.S. Citizenship and Immigration Services (USCIS) recently updated its policy for T visas, which provide protection and legal status to noncitizen victims of severe human trafficking. This update, effective October 23, 2024, introduces key changes that streamline the application process and broaden access to benefits for trafficking survivors. One of the most impactful updates is the new ability for T visa applicants to receive work authorization while their T visa application is still pending. Immediate Work Authorization Eligibility In a major shift, T visa applicants can now file for and potentially receive work authorization before their T visa application is approved. Through the new “bona fide determination” process, USCIS assesses basic eligibility at the outset. If an application is deemed “bona fide,” the applicant may be granted deferred action and an Employment Authorization Document (EAD), allowing them to work legally in the U.S. while awaiting full T visa approval. This is a critical step forward, as applicants no longer need to wait until their T visa is approved to receive work authorization. Additional Policy Highlights “Any Credible Evidence” Standard The policy emphasizes that applicants can submit any form of credible evidence in support of their case. This approach ensures that survivors, who may lack traditional documentation, still have a fair chance to prove their situation. Victim-Centered and Trauma-Informed Approach The update reinforces a trauma-informed review process, prioritizing the needs and well-being of trafficking victims and making it more compassionate. Physical Presence Requirement Flexibility USCIS now allows certain exceptions to the rule that applicants must remain in the U.S. due to their trafficking situation, providing flexibility for those who may have briefly departed and returned. Clarified Reporting Requirement While applicants generally must report their trafficking to law enforcement with jurisdiction over trafficking cases, exceptions exist for individuals unable to report due to age or trauma. What This Means for Applicants The T visa offers temporary legal status to certain victims of human trafficking, typically allowing them to stay in the U.S. for an initial period of up to four years. With these updates, the T visa program is now more accessible and supportive, helping survivors gain stability and security sooner. Need Help with a T Visa Application? If you or someone you know is a trafficking survivor and may benefit from a T visa, we’re here to help. Contact us today for expert guidance on T visa applications and work authorization, and start your journey to legal protection and stability.
By Angelica Rice October 17, 2024
On September 25, 2024, the U.S. Citizenship and Immigration Services (USCIS) recently updated its guidance on the Child Status Protection Act (CSPA) to clarify how an applicant’s CSPA age is calculated when extraordinary circumstances are involved. This update is designed to help Applicants and their families better understand how their eligibility for certain immigration benefits may be impacted by delays or special conditions during the process . The CSPA is a crucial law that helps protect children from "aging out" of the immigration process , meaning turning 21 years old while waiting for family-based immigration petitions to be processed. Normally, once a child turns 21, they may no longer qualify for a green card under certain family visa categories. However, the CSPA allows a special calculation of a child’s age to determine whether they can still be considered a "child" for immigration purposes, even if they have passed the age of 21. USCIS's recent update focuses on two key points: First , it clarifies how extraordinary circumstances may excuse an applicant from the usual requirement to apply for a green card (or "seek to acquire" permanent residency) within one year of their visa becoming available. If extraordinary circumstances, such as medical issues or other unavoidable situations, prevent an applicant from meeting this deadline, they may still qualify for CSPA protection as long as they can demonstrate these circumstances. Second , the guidance outlines how to calculate the applicant’s CSPA age in cases where these extraordinary circumstances apply . If an immigrant visa was available for a continuous one-year period, the CSPA age is calculated from the date the visa first became available. However, if the visa became available and then unavailable before the applicant could apply, the CSPA age calculation may still use the date the visa first became available—if the applicant can show they were unable to apply due to extraordinary circumstances. This update addresses an issue that was not previously covered in detail by USCIS policy. Before this clarification, it was unclear how the CSPA age would be calculated for noncitizens who had extraordinary reasons for not applying for a green card during the time their visa was available. By providing this updated guidance, USCIS aims to ensure that these cases are handled consistently and fairly. In conclusion, this recent USCIS update offers clearer guidance on how extraordinary circumstances affect CSPA age calculation. If you believe your family might benefit from this update, please reach out to one of our highly experienced immigration attorneys, who can help you understand how these changes apply to your situation. For more detailed information, you can visit the USCISPolicyManual or review the official USCISannouncement .
By Kris Quadros-Ragar July 11, 2024
The T visa is a nonimmigrant visa designed specifically for victims of severe forms of human trafficking. It provides recipients with temporary legal status in the United States, allowing them to live and work in the country for up to four years. This visa not only ensures their safety but also grants access to essential public benefits such as housing assistance and medical care. In the fight against human trafficking, the T visa stands as a crucial tool, offering hope and legal protection to victims who have endured unspeakable hardships. Established under the Victims of Trafficking and Violence Protection Act of 2000 (VTVPA), the T visa aims to shield individuals trafficked into the United States from further exploitation while empowering them to assist law enforcement in prosecuting their traffickers. To establish eligibility for a T visa, the applicant must demonstrate that they: 1. have been a victim of a severe form of trafficking in persons; 2. are physically present in the United States, American Samoa, or at a U.S. port of entry on account of such trafficking; 3. have complied with any reasonable request for assistance in a federal, state, or local investigation or prosecution into acts of trafficking or the investigation of a crime where acts of trafficking are at least one central reason for the commission of that crime, except when the applicant was under 18 years of age at the time of victimization or is unable to cooperate with a request due to physical or psychological trauma; 4. would suffer extreme hardship involving unusual and severe harm upon removal from the United States; and 5. are admissible to the United States or qualify for a waiver of any applicable grounds of inadmissibility. The 2021 revisions to the USCIS Policy Manual, particularly in Volume 3, Part B – Victims of Trafficking, have clarified the broad definition of trafficking. This has facilitated more successful T visa cases without requests for evidence or the need for litigation. Application Process Applying for a T visa involves submitting a comprehensive application package to the United States Citizenship and Immigration Services (USCIS). The core of the application is the Form I-914, which includes: Detailed personal information and history of trafficking victimization. Supporting documentation such as police reports, medical records, and witness affidavits. Evidence of cooperation with law enforcement. Proof of extreme hardship if deported. Once USCIS receives the application, they conduct a thorough review to determine eligibility for the T visa. Upon approval, T visa holders receive temporary legal status in the U.S. for up to four years. During this period, they can rebuild their lives with access to crucial resources and the ability to work legally. Importantly, after three years of continued presence in the U.S. under T visa status, individuals may apply to adjust their status to become lawful permanent residents (green card holders). Navigating the complexities of the T visa application process requires legal expertise and compassionate support. At Santos Lloyd, our dedicated team of attorneys specializes in immigration law, with a focus on assisting victims of human trafficking. If you believe you have been a victim of human trafficking or would like a comprehensive screening, please contact our office – we are eager to help you!
By Flavia Santos Lloyd June 20, 2024
On June 18, 2024, President Biden announced a series of immigration actions using the authority granted to him by our existing immigration laws. These actions will help certain undocumented individuals in the United States, including: Spouses and children of U.S. citizens who have been living in the United States for at least 10 years. You may be eligible to apply for your green card without leaving the United States, if, as of June 17, 2024: ○ You are in the United States after entering without permission; ○ You have lived in the United States for at least 10 years and have never left; ○ You are legally married to a U.S. citizen or have a qualifying stepchild relationship with a U.S. citizen; and ○ You do not have certain criminal history or pose a threat to national security or public safety. If you meet these criteria, the government MAY grant you parole-in-place. Parole would be granted for a one-time period of three years. You may also be eligible for employment authorization for up to three years. If you are granted parole y ou may apply for your green card within three years of approval. Eligibility is determined on a case-by-case basis. College-educated DACA recipients and Dreamers who are qualified for nonimmigrant status, such as an H-1B specialty occupation visa. You may be eligible to apply for a temporary visa more easily, if: ○ You have a degree from an accredited U.S. institution of higher education; and ○ You have an offer of employment from a U.S. employer in a field related to your degree. Please note that these programs have NOT YET begun. Details on how to apply are expected to be released by the end of the summer through a Federal Register notice. This means: You cannot submit an application at this time. An early-filed application will be rejected . You should not pay anyone a fee associated with filing an application at this time. Be patient and take the time to find the right help. The wrong advice could harm your chances of staying in the United States, getting lawful status, or becoming a U.S. citizen. Don't be fooled by notarios and other consultants who promise immediate results or special solutions in order to steal your money. Many unscrupulous individuals will cost more than licensed attorneys! If you are unsure if someone is qualified to help, ask for proof of their credentials and retain a copy of that evidence. This program could also be legally challenged, which could impact its implementation. This makes it even more important to have a qualified, knowledgeable attorney. USE AILA’s Find an Immigration Lawyer Search, ailalawyer.org , to find a licensed immigration attorney in good standing. Or find an accredited representative at: https://www.justice.gov/eoir/find-legal-representation . FONT: https://www.aila.org/library/information-and-guidance-on-new-actions-to-promote-family-unity
Show More
By Kris Quadros-Ragar January 16, 2025
A key development occurred in December 2024, when the deference policy was officially written into regulation (the “H-1B modernization rule”), set to take effect on January 17, 2025. Once it takes effect, USCIS adjudicators must apply the deference policy to extension requests involving the same employer, the same employee, and the same job details. USCIS can still decide not to defer to the previous approval if: There was a material error in the earlier approval. There has been a material change in circumstances or eligibility. New information raises doubts about eligibility. Even in these situations, officers must explain why they are not deferring. Importantly, USCIS does not have to defer to decisions made by other agencies, such as the U.S. Department of State or Customs and Border Protection. By turning the deference policy into a regulation, it becomes more difficult for future administrations to eliminate it quickly. Any attempt to rescind or change the policy now requires a lengthy rulemaking process that includes a public notice-and-comment period. Key Takeaways for Employers Greater Predictability: The deference policy, now a regulation, gives employers more certainty that extension petitions will be approved if there are no major changes in the employee’s role or the employer’s situation. Potential Changes Ahead: A future administration could still try to rescind this rule, but they must follow a formal regulatory process, which takes time and offers employers some warning. File Extensions Early: Employers can submit extension petitions up to six months before a visa expires. Filing early can help avoid unexpected policy shifts and minimize risks of RFEs or denials. Overall, the codification of the deference policy is a significant step that offers much-needed stability and efficiency in the U.S. immigration process. By planning ahead and staying informed, employers can take advantage of this improved predictability. As always, working closely with an immigration attorney ensures that extension applications are accurate, well-prepared, and filed promptly—especially during times when policy may evolve.
By Denice Flores December 12, 2024
The U.S. Department of Homeland Security (DHS) announced the designation of Lebanon for Temporary Protected Status (TPS), allowing eligible Lebanese nationals in the United States to stay and work temporarily due to unsafe conditions in their home country. The decision, published in the Federal Register, is based on the ongoing humanitarian crisis in Lebanon, which includes economic instability, widespread violence, and the aftermath of the devastating 2020 Beirut port explosion. The TPS designation for Lebanon is effective December 2023 and will last for 18 months. Lebanese nationals who have been residing in the U.S. since August 1, 2023, may apply for TPS, as long as they meet the eligibility requirements. Lebanese nationals who are granted TPS will be allowed to stay in the U.S. legally, work, and obtain travel authorization during the designated period. This measure is in line with the Biden administration's efforts to assist individuals from countries facing dire conditions. Applicants are advised to apply as soon as possible and to submit the necessary documentation to receive TPS status and related benefits. This designation underscores the U.S. government's support for Lebanese nationals affected by the difficult situation in Lebanon. If you have any questions or would like to know more about the eligibility requirements, contact our office to schedule a consultation with one of our experienced attorneys.
By Angelica Rice December 6, 2024
Key Changes to T Visa Process (Effective October 23, 2024) U.S. Citizenship and Immigration Services (USCIS) recently updated its policy for T visas, which provide protection and legal status to noncitizen victims of severe human trafficking. This update, effective October 23, 2024, introduces key changes that streamline the application process and broaden access to benefits for trafficking survivors. One of the most impactful updates is the new ability for T visa applicants to receive work authorization while their T visa application is still pending. Immediate Work Authorization Eligibility In a major shift, T visa applicants can now file for and potentially receive work authorization before their T visa application is approved. Through the new “bona fide determination” process, USCIS assesses basic eligibility at the outset. If an application is deemed “bona fide,” the applicant may be granted deferred action and an Employment Authorization Document (EAD), allowing them to work legally in the U.S. while awaiting full T visa approval. This is a critical step forward, as applicants no longer need to wait until their T visa is approved to receive work authorization. Additional Policy Highlights “Any Credible Evidence” Standard The policy emphasizes that applicants can submit any form of credible evidence in support of their case. This approach ensures that survivors, who may lack traditional documentation, still have a fair chance to prove their situation. Victim-Centered and Trauma-Informed Approach The update reinforces a trauma-informed review process, prioritizing the needs and well-being of trafficking victims and making it more compassionate. Physical Presence Requirement Flexibility USCIS now allows certain exceptions to the rule that applicants must remain in the U.S. due to their trafficking situation, providing flexibility for those who may have briefly departed and returned. Clarified Reporting Requirement While applicants generally must report their trafficking to law enforcement with jurisdiction over trafficking cases, exceptions exist for individuals unable to report due to age or trauma. What This Means for Applicants The T visa offers temporary legal status to certain victims of human trafficking, typically allowing them to stay in the U.S. for an initial period of up to four years. With these updates, the T visa program is now more accessible and supportive, helping survivors gain stability and security sooner. Need Help with a T Visa Application? If you or someone you know is a trafficking survivor and may benefit from a T visa, we’re here to help. Contact us today for expert guidance on T visa applications and work authorization, and start your journey to legal protection and stability.
Show More
Share by:
WhatsApp Live Chat
WhatsApp Logo

Contact Us

×
Hello! How can we help you?