USCIS Publishes Proposed Final Rule for U & T Visas

See below for a Fact Sheet issued today by USCIS on U&T visas. The full rule can be accessed through the USCIS web site.

 

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Dec. 8, 2008

 

USCIS PUBLISHES NEW RULE FOR NONIMMIGRANT VICTIMS OF

HUMAN TRAFFICKING AND SPECIFIED CRIMINAL ACTIVITY

 

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) announced today an

interim final rule that will allow "T" and "U" nonimmigrants to adjust their status and become

lawful permanent residents. The interim final rule implements the provisions of the Victims of

Trafficking and Violence Protection Act of 2000, and will take effect 30 days after publication in

the Federal Register.

 

"The action we are taking will further humanitarian interests by protecting victims of human

trafficking and victims of other serious crimes," said USCIS Acting Deputy Director Mike

Aytes. "We also believe that law enforcement's ability to investigate and prosecute crimes is

enhanced when we can provide important immigration benefits to victims."

 

The "T" visa is a nonimmigrant classification for people who are victims of a severe form of

human trafficking. The "U" visa status is a nonimmigrant classification for victims of certain

crimes who are willing to assist government officials in the investigation of the criminal activity.

 

In order to apply for an adjustment of status, a nonimmigrant currently within the "U" visa status

must have been physically present in the United States for a continuous period of at least three

years since the date of admission. Nonimmigrant individuals in the U.S. under a "T" visa status

are required to have three years of continuous presence in the United States or a continuous

period during an investigation or prosecution of the acts of trafficking. Nonimmigrant

individuals holding a "T" visa will also need a certification from the Attorney General stating

that the investigation or prosecution is complete.

 

Both "T" and "U" nonimmigrants must be in valid nonimmigrant status at the time of

application. USCIS can adjust the status of up to 5,000 "T" visa holders annually. This cap does

not apply to family members of the principal "T" nonimmigrant status holder. There is no

numerical cap on adjustment of status for "U" nonimmigrants.

 

The interim final rule is currently available for public review at www.uscis.gov and has been

submitted to the Federal Register for publication. The public may submit comments at

www.regulations.gov for 60 days following publication. USCIS will address comments in the

final rule.

 

– USCIS –