Policy Memorandum: Extension of Status for T and U Nonimmigrants; Revisions to Adjudicator's Field Manual (AFM) Chapter 39.1(g)(3) and Chapter 39.2(g)(3) (AFM Update AD11-28)   [open pdf - 91KB]

"This Policy Memorandum (PM) provides guidance about extensions of status for T and U nonimmigrants, including any related applications for adjustment of status. [...] On January 31, 2002, USCIS published an interim rule codified at 8 CFR 214.11, 'New Classification for Victims of Severe Forms of Trafficking in Persons; Eligibility for 'T' Nonimmigrant Status,' implementing the T nonimmigrant status created by the TVPA [Trafficking Victims Protection Act of 2000] . This regulation contained brief information on adjustment of status and required a T nonimmigrant to file for adjustment of status within the 90 days immediately preceding the third anniversary of the approval of T nonimmigrant status. 8 CFR 214.11(p)(2) (2008). The regulation also stated that proper filing of an application for adjustment of status would allow the applicant to remain in T nonimmigrant status, with all the rights and privileges of a T nonimmigrant, until a final decision is rendered on the application. On January 5, 2006, Congress passed VAWA 2005, lengthening the duration of status for a T nonimmigrant from three years to four years. Immigration and Nationality Act (INA) § 214(o)(7)(A). It also created an extension of T nonimmigrant status beyond the four years based on a certification from a law enforcement official that the T nonimmigrant's presence was necessary to assist in the investigation or prosecution of the acts of trafficking. INA § 214(o)(7)(B). On December 12, 2008, USCIS published an interim rule, 'Adjustment of Status to Lawful Permanent Resident for Aliens in T or U Nonimmigrant Status,' implementing the adjustment of status provisions for T nonimmigrants at 8 CFR 245.23."

Report Number:
Policy Memorandum: PM-602-0032.1
Public Domain
Retrieved From:
U.S. Citizenship and Immigration Services: http://www.uscis.gov/
Media Type:
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