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

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