30-Day FRN Comment Response Matrix 89 FR 56893

I-914-002 30-day FRN Public Comment Response Matrix.pdf

Application for T Nonimmigrant Status; Application for Immediate Family Member of T-1 Recipient; & Declaration of Law Enforcement Officer for Victim of Trafficking in Persons

30-Day FRN Comment Response Matrix 89 FR 56893

OMB: 1615-0099

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Commenter
ID
USCIS-20060059-0143
USCIS-20060059-0145

2.
Language
Availability

USCIS-20060059-0143
USCIS-20060059-0145

Comment
Commenter: Multiple
Electronic submission options - The public burden
associated with data collection could be relieved by
expanding and improving electronic submission
options in a similar way that the IRS has largely moved
away from physical paper forms and filings. The
current Form I-914 requires that it be completed in
“black ink” and submitted physically which creates an
additional need for labor intensive filing and storage
of physical documents. Additionally, using simplified
electronic forms as well as interactive videos and
online instructions could help guide applicants
throughout the application process and further
reduce the amount of time related to the public
burden and costs associated with review and storage
of these forms.
Commenter: Multiple
Language availability - An expansion of the available
languages that Form I-914 can be completed in should
be expanded. Currently, only English is available for
this application while a vast majority of applicants are
from non-English speaking countries. Additionally, any
documents that are submitted with Form I-914 that
are not in English must be translated and
accompanied with an authorized translator
certification. This requirement creates an additional
public burden, especially if the additional documents
are testimonies from trafficking victims themselves.

USCIS Response
Response: USCIS is actively working to make more
forms available for electronic filing. Currently USCIS
form I-914 conversion is not underway but
consideration in the future.

Response: USCIS attempts to convey statutory

requirements in language that is as clear as possible.
Where an applicant speaks a language other than
English, they may use an interpreter to help them
understand the form.

USCIS requires all responses to be translated into
English. While USCIS employee staff are fluent in
various language dialects, not all staff are fluent in
all languages. Additionally, our systems are also not
designed for storing data in multiple languages.

Form I-914-002 Revision - Responses to 30-day FRN Public Comments
Public Comments (regulations.gov): USCIS-2006-0059-0130
30-day FRN Citation (federalregister.gov): 89 FR 56893
Publish Dates: July 11, 2024 – August 12, 2024
USCIS must be able to monitor, analyze and report
on our programs to Congress and others, and that
requires information used for adjudications to be
stored in English. Responses in languages other than
English must be converted to English, which would
create delays in processing applications.
The USCIS website can be viewed in many languages
and the USCIS Multilingual Resource Center located
at https://www.uscis.gov/tools/multilingualresource-center offers information in several
languages on a variety of topics to assist applicants.
USCIS will not make any additional clarifying edits
based on this comment.

USCIS-20060059-0145

Commenter: Marisol Fabian Lopez
24/7 Helpline – This can aid applicants who may need
assistance with their form in a different time zone.
Also, this will help those who may not be able to go in
person or are off late from their job and can’t make it
to business hours.

Response: USCIS has multiple methods available for
the public to obtain assistance, including:
• USCIS Contact Center,
https://www.uscis.gov/contactcenter;
• E-Request Tool, https://egov.uscis.gov/erequest/Intro.do;
• Emma, Our Virtual Assistant,
https://www.uscis.gov/tools/meet-emmaour-virtual-assistant; and,
• Various other online support tools available
on our website at https://www.uscis.gov/.

USCIS-20060059-0145

Commenter: Marisol Fabian Lopez
Interpreter Services – This can assist someone who
may not have anybody to help them with technology
and help them fill out the online forms if they are still
not provided in other languages.

The commentor did not request any specific changes
to any of the information collections impacted by
this rule. USCIS will not be making any changes as a
result of this comment.
Response: USCIS does not provide interpreters, but
has a list of legal service providers for individuals to
consult here: https://www.uscis.gov/scams-fraudand-misconduct/avoid-scams/find-legal-services.

Commenter: Justice at Work Pennsylvania
USCIS-2006-0059-0
144_attachment_1.pdf

USCIS-20060059-0144

USCIS-20060059-0142

The two-page letter submitted by Justice at Work
Pennsylvania acknowledges the efforts of USCIS has
undertaken form updates to support the final T rule,
specifically mentioning the updates to USCIS Form I914 including updates to questions relating to gender.
Commenter: matthew thomson
Instead of preventing people from seeking safety from
persecution and sending them back to potentially lifethreatening situations the US and Biden
administration should rescind this proclamation and
reaffirm its commitment to helping asylum seekers
and refugees and instead focus on providing and
expanding protection for both asylum seekers and
migrants seeking family reunification.

Response: The commenter supported the addition
of “another gender identity” and “They/Their”
pronouns and “spouse”. Commentor also expressed
support for the edited language in Part 3. Item
Number 6. The commentor did not request any
specific changes to any forms with their comments.
Response: This comment is out of scope for this
form revision, which deals with revisions to the
Form I-914, Application for T Nonimmigrant Status,
related to the T Final Rule.

Form I-914-002 Revision - Responses to 30-day FRN Public Comments
Public Comments (regulations.gov): USCIS-2006-0059-0130
30-day FRN Citation (federalregister.gov): 89 FR 56893
Publish Dates: July 11, 2024 – August 12, 2024
A good idea would be to instead focus on providing
more aid to these migrants and alleviate their
suffering. We would then provide a safe avenue for
admission and help them in accordance with the laws
of the US constitution and the international laws the
US signed. This would be a more humanitarian
approach and would result in a safer experience for
these migrants who have already suffered a lot.
Commenter: Immigrant Legal Resource Center

USCIS-2006-0059-01
46_attachment_1.pd

USCIS-20060059-0146

I. Improved Gender Inclusivity on Form I-914
In our November 2023 comment, the ILRC
encouraged USCIS to amend Form I-914 to be more
gender inclusive, to be consistent with earlier changes
to Forms I-914 Supplements A and B, and to better
align with updated USCIS policy on gender
inclusivity.1 The ILRC commends the agency’s decision
to amend Form I-914 to include a third gender
category for individuals who do not self-identify as
falling within the “female” and “male” gender
categories. This inclusive gender designation will
enhance the form’s accessibility to LGBTQIA+
individuals, including transgender and gender
nonconforming people who are especially vulnerable
to economic marginalization, workplace exploitation,
and sexual and other forms of violence including
human trafficking.

Response:
Commenter expressed support for inclusion of
“another gender identity.”

Form I-914-002 Revision - Responses to 30-day FRN Public Comments
Public Comments (regulations.gov): USCIS-2006-0059-0130
30-day FRN Citation (federalregister.gov): 89 FR 56893
Publish Dates: July 11, 2024 – August 12, 2024
II. The Agency Should Limit Required Disclosure of
Certain Vacated Criminal Records and
Juvenile Adjudications In our November 2023
comment, the ILRC urged USCIS to strike language
across all T Nonimmigrant Forms and Instructions
requiring the disclosure of certain criminal records
that have been vacated due to legal or constitutional
invalidity. This recommendation was consistent with
2021 recommendations from several of our expert
partners, including CAST and Freedom Network USA,
that the agency should modify the disclosure
requirements to account for vacaturs that alleviate
the immigration consequences of criminal court
adjudications. The proposed modifications to the T
Nonimmigrant Forms and Instructions do not include
these recommendations. Unlike expungement,
vacatur is the recognition from the criminal justice
system that a legal mistake was made that invalidates
the underlying conviction. The criminal vacatur
process retroactively eliminates a criminal record that
should not have been created in the first place and
alleviates the consequences of the conviction. The
vast majority of states now have special postconviction vacatur bills for trafficking survivors and
more states are in the process of developing vacatur
laws.3 For example, California Penal Code § 236.14,
which went into effect on January 1, 2017, establishes
a vacatur petition process for a person who has been
arrested or convicted of a nonviolent crime while

We appreciate the concerns raised and suggestions
offered, but USCIS will not make any changes in
response to this comment, as this revision effort
deals exclusively with changes made as a result of
the T Final Rule. In the T Final Rule, USCIS explicitly
addressed this recommendation regarding vacated
convictions, and declined to make any changes in
response to it.
Regarding the requirement to disclose certain
juvenile records, USCIS is committed to fair and
careful adjudication of all cases, with particular care
and attention focused on the special considerations
required of cases involving juveniles.
USCIS has existing guidance regarding specialized
treatment of juvenile delinquency in discretionary
determinations. In the USCIS Policy Manual Volume
1, Part E, Chapter 8, “Discretionary Analysis,” we
address “[f]indings of juvenile delinquency” as one
of the factors that are generally considered when
conducting a discretionary analysis. Footnote 62 of
this Chapter reads:
USCIS considers findings of juvenile delinquency on a
case-by-case basis, based on the totality of the
evidence, to determine whether a favorable exercise
of discretion is warranted. Therefore, an adjustment
applicant must disclose all arrests and charges. If any
arrest or charge was disposed of as a matter of
juvenile delinquency, the applicant must include the

Form I-914-002 Revision - Responses to 30-day FRN Public Comments
Public Comments (regulations.gov): USCIS-2006-0059-0130
30-day FRN Citation (federalregister.gov): 89 FR 56893
Publish Dates: July 11, 2024 – August 12, 2024
he or she was a victim of human trafficking,
recognizing that these victims lack the necessary
mental state to commit such crimes because of their
victimization. Unlike traditional expungement or
sealing bills that pardon past criminal behavior, these
vacatur bills completely eradicate a survivor’s criminal
history as if the arrest and conviction had not
occurred and restore their status as a law-abiding
citizen. The ILRC acknowledges that the inadmissibility
waiver available to T visa applicants is generous as to
inadmissibility grounds caused by or incident to the
trafficking. However, the current language
requires the trafficking survivor to disclose criminal
convictions that should never have been imposed
in the first place, as determined by a court of
competent jurisdiction. The current language
undermines the intention of many states’ vacatur
laws, and in particular trafficking-specific vacatur
laws, to eliminate convictions that were invalid due to
legal or constitutional error. Requiring
disclosure of these determinations serves no
adjudicative purpose since they do not constitute
convictions for immigration purposes.
The ILRC and expert partners have also long urged
USCIS to cease the consideration of juvenile
records in applications for relief and to that end make
clear on the Form I-914 and instructions that
juvenile arrests, charges, and dispositions need not be
disclosed, and juvenile records need not be

court or other public record that establishes this
disposition.
Even where juvenile conduct did not constitute a
conviction under Section 101(a)(48)(A) of the
Immigration and Nationality Act, it may still be
relevant for inadmissibility purposes, and USCIS
must consider it. For example, under “Juvenile
Delinquency” in Volume 7 – Adjustment of Status,
Part F, Chapter 7, “Special Immigrant Juveniles,” the
USCIS Policy Manual indicates that certain grounds
of inadmissibility do not require a conviction, but
rather conduct alone (even without a conviction)
may be sufficient to trigger an inadmissibility
ground. See, e.g., INA § 212(a)(2)(C) (inadmissibility
concerning controlled substance trafficking that is
based on a “reason to believe” standard). This is one
reason USCIS does not exclude juvenile criminal
histories from the inadmissibility questions in our
immigration forms.

Form I-914-002 Revision - Responses to 30-day FRN Public Comments
Public Comments (regulations.gov): USCIS-2006-0059-0130
30-day FRN Citation (federalregister.gov): 89 FR 56893
Publish Dates: July 11, 2024 – August 12, 2024
provided. The current collection has again declined to
adopt these common-sense modifications. Across
the United States, juvenile justice systems – civil
systems that adjudicate violations of the law by
children – recognize the significant developmental
differences between children and adults and
accordingly focus on early intervention, communitybased resources, and rehabilitative efforts rather than
punishment. In fact, most juvenile justice systems,
including the federal system, have confidentiality
provisions to protect young people from collateral
consequences of juvenile court involvement that can
occur when information and records from juvenile
court proceedings are publicly available.4 Requiring
people to disclose their youthful violations of the law
to USCIS is at odds with the law and policy
undergirding juvenile justice systems.
Immigration law does not support consideration of
juvenile justice records to determine inadmissibility or
as a matter of discretion in immigration adjudications.
In Matter of Devison, the Board of Immigration
Appeals stated, “We have consistently held that
juvenile delinquency proceedings are not criminal
proceedings, that acts of juvenile delinquency are not
crimes, and that findings of juvenile delinquency
are not convictions for immigration purposes.”5 Nor
are juvenile delinquency adjudications an
appropriate consideration in the well-established
rubric for discretionary determinations in immigration

Form I-914-002 Revision - Responses to 30-day FRN Public Comments
Public Comments (regulations.gov): USCIS-2006-0059-0130
30-day FRN Citation (federalregister.gov): 89 FR 56893
Publish Dates: July 11, 2024 – August 12, 2024
proceedings, set forth in Matter of Marin.6 Marin lists
several factors that could be deemed adverse for
purposes of discretionary determinations: “the nature
and underlying circumstances of the exclusion
ground at issue, the presence of additional significant
violations of this country's immigration laws, the
existence of a criminal record and, if so, its nature,
recency, and seriousness, and the presence of other
evidence indicative of a respondent's bad character or
undesirability as a permanent resident of this
country.”7 Juvenile delinquency adjudications do not
fit anywhere within these factors. First, juvenile
justice systems are civil in nature and accordingly
state laws forbid the consideration of juvenile
delinquency adjudications as “crimes” or youth
adjudicated delinquent as “criminals.” Second,
evidence of a juvenile record simply is not evidence of
“bad character.” Even the Supreme Court has
recognized that youthful violations of the law may not
be indicative of adult character and behavior.8
This longstanding recognition of the distinctions
between criminal and juvenile proceedings should be
especially upheld in T visa adjudications. Child victims
of trafficking are particularly vulnerable to
criminalization and should not be required to disclose
events and records that in many states are sealed,
and in any case have no bearing on their eligibility for
relief, their character, or their likely behavior in the
future. The ILRC asks that Form I-914 and the
instructions be modified to reflect this.

Suggested Language: (Form I-914, Part 4, Processing
Information)
Answer the following questions about yourself.
Responses are intended to cover any activity you have
committed under your legal name or any aliases. Do
not include activity that occurred when you were a
minor and for which your case was handled in a
juvenile court system. For purposes of this
application, you must answer "Yes" to the following
questions, even if your records were sealed or
otherwise cleared or if anyone, including a judge, law
enforcement officer, or attorney, told you that you no
longer have a record. (If your answer is "Yes" to any
one of these questions, explain in the space provided
in Part 9. Additional Information. Additionally, explain
if any of the acts or circumstances below are related
to you having been a victim of a severe form of
trafficking. Answering "Yes" does not necessarily
mean that you will be denied T nonimmigrant status
or are not entitled to adjust your status or register for
permanent residence. If you were granted a legal
vacatur for your conviction, you may answer “No” to
questions
1.A.- 1.I and answer “N/A” to the questions in the
chart.)
III. Implement Uniform Confidentiality and Privacy
Language Throughout Forms and Instructions

Form I-914-002 Revision - Responses to 30-day FRN Public Comments
Public Comments (regulations.gov): USCIS-2006-0059-0130
30-day FRN Citation (federalregister.gov): 89 FR 56893
Publish Dates: July 11, 2024 – August 12, 2024
The ILRC also previously recommended changes to the
forms’ and instructions’ language regarding
Confidentiality and Routine Uses to be uniform
throughout all forms and instructions and explicitly
reference VAWA confidentiality provisions (8 USC §
1367) and USCIS Policy Manual protections against
the unauthorized disclosure of protected information
to third parties. The proposed changes do modify
some language to be more consistent, but the ILRC
believes that further modifications would help
applicants better understand their confidentiality
protections and the limits of those protections.
The VAWA confidentiality provisions were created to
“ensure that abusers and criminals cannot use the
immigration system against their victims.”9 But the
agency’s interpretation of these provisions can
change, and survivors should have access to clear, upto-date information on how USCIS will protect their
confidentiality. For example, just this year, USCIS
changed its interpretation of Section 1367, now
reading this statute to automatically cease to apply
once the individual has become a U.S. citizen, with no
exceptions or option maintain confidentiality in
unique circumstances. This overbroad change will
have real impacts on trafficking survivors, particularly
those who continue to face threats or harm by their
traffickers. It is therefore crucial that applicants
understand the protections that will be in place
throughout the adjudication process to encourage
trafficking survivors to come forward to access the

We appreciate the concerns raised and suggestions
offered, but USCIS will not make any changes in
response to this comment, as this revision effort
deals exclusively with changes made as a result of
the T Final Rule. These suggestions do not relate to
changes made in the T Final Rule, but USCIS will take
these suggestions under consideration in future
form revision efforts.

Form I-914-002 Revision - Responses to 30-day FRN Public Comments
Public Comments (regulations.gov): USCIS-2006-0059-0130
30-day FRN Citation (federalregister.gov): 89 FR 56893
Publish Dates: July 11, 2024 – August 12, 2024
relief and benefits they are entitled to receive.
In addition, in April 2023, USCIS updated its Policy
Manual to provide guidance on mailing address
procedures for persons eligible for victim-based
immigration relief, including T visa applicants.10 This
guidance, which took effect on March 29, 2024,
provides:
• 8 USC § 1367(a)(2) prevents DHS from disclosing any
personal information related to a person
who is protected under VAWA, subject to certain
limited exceptions;
• USCIS officers must review each form to ensure that
all communications are sent to the preferred,
safe mailing address of a VAWA-protected applicant;
• USCIS may not make adverse case determinations in
any application, including non-victim-based
applications, based on information from the
applicant’s abuser, family of the applicant’s abuser, or
other perpetrator of crime or trafficking against the
applicant; and
• USCIS officers must follow specific mailing address
procedures for protected persons who are
represented, unrepresented, and who have multiple
pending forms.
USCIS should now update all confidentiality
disclosures and certifications throughout the T
Nonimmigrant Forms and Instructions to reference
these policy updates. Clear, consistent guidance and
reference to public resources will help trafficking
survivors understand the protections available to

Form I-914-002 Revision - Responses to 30-day FRN Public Comments
Public Comments (regulations.gov): USCIS-2006-0059-0130
30-day FRN Citation (federalregister.gov): 89 FR 56893
Publish Dates: July 11, 2024 – August 12, 2024
them and further encourage these individuals to apply
for benefits without fear of harm by their traffickers.
Suggested language:
• Confidentiality (Instructions, page 16)
Information concerning principal applicants for T
nonimmigrant status and the family members they
apply for is protected under the Violence Against
Women Act, 8 U.S.C. Section 1367, and
implementing regulations, 8 CFR § 214.14(e). The
disclosure of information relating to an individual
with a pending or approved application for T
nonimmigrant status is prohibited except in certain
limited circumstances. These circumstances may
include, but are not limited to, disclosure of
information to law enforcement agencies with the
authority to detect, investigate, or prosecute
severe forms of trafficking in persons; nongovernmental victims’ service providers for the sole
purpose of assisting victims in obtaining victim
services from programs with expertise working with
immigrant victims; and for purposes of national
security. These confidentiality protections apply until
the individual attains U.S. citizenship. More
information on USCIS policy implementing these
protections is available in the USCIS Policy Manual,
Volume 1, Part A, Chapter 7.
• Routine Uses (Instructions, page 17)

Form I-914-002 Revision - Responses to 30-day FRN Public Comments
Public Comments (regulations.gov): USCIS-2006-0059-0130
30-day FRN Citation (federalregister.gov): 89 FR 56893
Publish Dates: July 11, 2024 – August 12, 2024
The information you provide in the application is
confidential and protected from disclosure under
the Violence Against Women Act, 8 USC §1367, unless
and until you become a U.S. citizen. Your
information will be used to determine eligibility, to
investigate fraudulent claims, to assist in the
investigation and prosecution of trafficking and
related crimes. The information will be used by and
disclosed to DHS personnel and contractors or other
agents in accordance with approved routine
uses described in the associated published system of
records notices . . . . DHS which you can find at
www.dhs.gov/privacy. DHS may also share this
information, as appropriate, with other Federal, state,
local, and foreign government agencies and
authorized organizations, for law enforcement
purposes
or in the interest of national security. More
information on USCIS policy protecting against the
unauthorized disclosure of confidential information is
available in the USCIS Policy Manual, Volume 1,
Part A, Chapter 7.
• Applicant’s Declaration and Certification (Form I914, Part 6; Supplement A, Part 6)
I further authorize USCIS to release information to
Federal, State, and local public and private
agencies providing benefits, to be used solely in
making determinations of eligibility for benefits

USCIS-20060059-0147

pursuant to 8 USC 1641(c). Any disclosure shall be in
accordance with the VAWA confidentiality
provisions at 8 USC § 1367 and 8 CFR § 214.14(e). I
understand that these confidentiality protections
under 8 USC §1367 will cease to apply if and when I
become a U.S. Citizen.
Commenter: WhoPoo App
Migrants are causing untold crime across the United
States. Arrests of criminal noncitizens, described by
U.S. Customs and Border Protection (CBP) as illegal
migrants who have been convicted of one or more
crimes in the United States or abroad, have increased
annually since fiscal 2020. The fiscal year begins on
October 1. Kamala Harris said she would fix this. Why
hasn't she? Guess she's not brat. Guess a White man
would do it better. In comparison to data published
by CBP in February 2023 and February 2022, migrant
arrests are currently outpacing those numbers.
The 5,616 arrests reported by CBP, as part of the most
recently released data, exceeds the 3,030 arrests in
2023 (as of February 18) and the 2,424 arrests in 2022
(also as of February 18). Assault, battery and domestic
violence crimes in the current fiscal year account for
372 crimes; burglary, robbery and theft crimes total
236 incidents; driving under the influence crimes total
935; and illegal drug possession charges total 536.

Response: The commenter expressed an opinion on
immigration issues generally. USCIS is making no
changes to the form or instructions as a result of this
comment.

File Type	application/pdf
Author	Stout, Samantha J
File Modified	2024-08-13
File Created	2024-08-13