Pages 23-29,
Additional
Instructions for Human Trafficking Victims and Crime Victims
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[Page 23]
Additional
Instructions for Human Trafficking Victims and Crime Victims
Human
trafficking victim (T Nonimmigrant, Form I-914) or derivative
family member (Form I-914A)
You
may apply to adjust status under INA section 245(l) if you are a
victim of human trafficking who was admitted to the United States
in T nonimmigrant status, maintained continuous physical presence
for the required period of time, are a person of good moral
character, and have complied with reasonable requests to assist
law enforcement authorities in the investigation or prosecution of
acts of trafficking, would suffer extreme hardship involving
unusual and severe harm upon removal from the United States or
were under 18 years of age at the time of the victimization that
qualified you for T nonimmigrant status. Special confidentiality
protections (described at 8 U.S.C. section 1367) apply to you as a
human trafficking victim. 8 U.S.C. section 1367 provides two
forms of critical protection for human trafficking victims. The
first form of protection is a prohibition on adverse
determinations against the victim based on information provided
solely by their abuser and other prohibited sources. The second
form of protection is a prohibition on disclosure of any
information about the victim to third parties, except in certain
very limited circumstances.
…
1.
A continuous
period of at least three years since you were first admitted as a
T-1 nonimmigrant; or
2.
A continuous
period during the investigation or prosecution of acts of
trafficking, and the Attorney General has determined the
investigation or prosecution is complete.
If
you are a derivative applicant (T-2 through T-6 nonimmigrant), you
may file Form I-485 only once the principal applicant has met the
above physical presence requirement.
…
3.
Evidence you
complied with reasonable requests for assistance in the
investigation or prosecution of the acts of trafficking or
evidence that you would suffer extreme hardship involving unusual
and severe harm upon removal from the United States or evidence
that you were under 18 years of age at the time of the
victimization that qualified you for T nonimmigrant status.
…
Evidence
of Compliance with Reasonable Requests for Assistance in the
Investigation or Prosecution OR Evidence That You Were Under 18
Years of Age at the Time of the Victimization OR Evidence of
Extreme Hardship Involving Unusual and Severe Harm
You
must submit evidence that shows you:
1.
Complied with
any reasonable request for assistance in the investigation or
prosecution of acts of trafficking;
2.
Were under 18
years of age at the time of the victimization that qualified you
for T nonimmigrant status; or
[new]
3.
Would suffer
extreme hardship involving unusual and severe harm if removed from
the United States.
…
[Page
26]
NOTE:
If you have
less than three years of continuous physical presence since you
were first admitted as a T-1 nonimmigrant, you must submit a
document signed by the Attorney General of the United States (or
designee) stating that the investigation or prosecution is
complete.
…
2.
A statement from
a Federal, state, or local law enforcement official describing how
you complied with any reasonable requests;
…
4.
A request for
assistance was not reasonable (See 8 CFR Section 214.11(a) for
more information).
…
Evidence
of Extreme Hardship Involving Unusual and Severe Harm
Alternatively,
you may also submit evidence that you will suffer extreme hardship
involving unusual and severe harm if you are removed from the
United States. Proving extreme hardship involving unusual and
severe harm requires you to meet a higher standard of proof than
other extreme hardship standards in immigration law. The extreme
hardship cannot be based on current or future economic harm, or
the lack of or disruption to social or economic opportunities.
USCIS may consider both traditional extreme hardship factors and
the factors associated with having been a victim of a severe form
of trafficking in persons, as well as relevant country condition
reports or any other public or private sources of information.
However, USCIS will only consider factors that show hardship to
you, not to other people or your family members. See 8 CFR
214.11(i) for a list of factors.
…
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[Page 23]
Additional
Instructions for Human Trafficking Victims and Crime Victims
Human
trafficking victim (T Nonimmigrant, Form I-914) or derivative
family member (Form I-914A)
You
may apply to adjust status under INA section 245(l) if you are a
victim of human trafficking who was admitted to the United States
in T nonimmigrant status, maintained continuous physical presence
for the required period of time, and
are a person
of good moral character.
You must also establish one
of
the following: you complied with
reasonable requests to assist law enforcement authorities in the
investigation or prosecution of acts of trafficking, you
would suffer extreme hardship involving unusual and severe harm
upon removal from the United States,
you were under
18 years of age at the time of the victimization that qualified
you for T nonimmigrant status,
or you were unable to cooperate with a reasonable request for
assistance due to trauma.
Special confidentiality protections (described at 8 U.S.C.
section 1367) apply to you as a human trafficking victim. 8
U.S.C. section 1367 provides two forms of critical protection for
human trafficking victims. The first form of protection is a
prohibition on adverse determinations against the victim based on
information provided solely by their abuser and other prohibited
sources. The second form of protection is a prohibition on
disclosure of any information about the victim to third parties,
except in certain very limited circumstances.
…
1.
A continuous
period of at least three years since you were
admitted as a
T-1 nonimmigrant; or
[no
change]
If
you are a derivative applicant (T-2 through T-6 nonimmigrant), you
may file Form I-485 only once the principal applicant has met one
of the above
physical presence requirements.
…
3.
Evidence you
complied with reasonable requests for assistance in the
investigation or prosecution of the acts of trafficking,
evidence that
you were under 18 years of age at the time of the victimization
that qualified you for T nonimmigrant status, evidence
you were unable to cooperate with a reasonable request for
assistance due to trauma, or evidence that you would suffer
extreme hardship involving unusual and severe harm upon removal
from the United States.
…
Evidence
of Compliance with Reasonable Requests for Assistance in the
Investigation or Prosecution OR Evidence That You Were Under 18
Years of Age at the Time of the Victimization OR Evidence
That You Were Unable to Cooperate with a Reasonable Request for
Assistance Due to Trauma OR
Evidence of Extreme Hardship Involving Unusual and Severe Harm
[no
change]
2.
Were under 18
years of age at the time of the victimization that qualified you
for T nonimmigrant status;
3.
Were
unable to cooperate with a reasonable request for assistance due
to trauma; or
4.
Would suffer
extreme hardship involving unusual and severe harm if removed from
the United States.
…
[Page
26]
NOTE:
If you have
less than three years of continuous physical presence since you
were
admitted as a
T-1 nonimmigrant, you must submit a document signed by the
Attorney General of the United States (or designee) stating that
the investigation or prosecution is complete.
…
2.
A statement from
a Federal, state, Tribal,
or local law enforcement official describing how you complied with
any reasonable requests;
…
4.
A request for
assistance was not reasonable (See 8 CFR Section 214.208(c)
for more
information).
…
Evidence
of Extreme Hardship Involving Unusual and Severe Harm
Alternatively,
you may also submit evidence that you will suffer extreme hardship
involving unusual and severe harm if you are removed from the
United States. Proving extreme hardship involving unusual and
severe harm requires you to meet a higher standard of proof than
other extreme hardship standards in immigration law. The extreme
hardship cannot be based on current or future economic harm, or
the lack of or disruption to social or economic opportunities.
USCIS may consider both traditional extreme hardship factors and
the factors associated with having been a victim of a severe form
of trafficking in persons, as well as relevant country condition
reports or any other public or private sources of information.
Hardship
to persons other than you will only be considered in determining
whether you would suffer the requisite hardship if the evidence
demonstrates specifically that you will suffer extreme hardship
upon removal as a result of hardship to someone else.
See 8 CFR 214.209
for a list of factors.
…
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