Laura G. Burstein
ABA Midyear Meeting
February 8, 2013
Advocating for Non-Citizen Victim Youth and Their Families – Immigration
Remedies for Immigrant Victims of Human Trafficking
“Continuous Presence”
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Special temporary immigration status for a victim of human trafficking;
Granted by USCIS with the idea that the victim may be a witness in the prosecution and may
be a victim of human trafficking;
Provides temporary immigration relief allowing the victim to be legally present in the country
for renewable 1-year increments (not a path to citizenship);
Provides the victim with Employment Authorization and access to refugee benefits;
Can only be issued by USCIS upon request by federal law enforcement (ICE/HSI, FBI, or DOL);
and
Upon approval, deemed a “Certified Victim of Human Trafficking” from Department of Health
and Human Services’ Office of Refugee Resettlement granting eligibility to receive Refugee
Benefits.
Refugee Benefits:
 Emergency cash assistance
 Medical card
 Temporary assistance for Needy Families (TANF)
 Supplemental Security Income (SSI)
 Food Stamps
 Refugee resettlement programs
T-Visa Nonimmigrant Petition for Victims of Human Trafficking (I-914)
Available only to non-citizen victims of human trafficking.
Criteria to be entitled to the relief (must show all elements below):
 Suffered a “severe form of trafficking;”
 Crime occurred in the United States;
 Assisted and cooperated with law enforcement;
 Present in the United States “on account of trafficking;” AND
 Would suffer extreme hardship if removed.
“Severe form of trafficking” is defined in the Trafficking Victims Protection Act (TVPA 2000) as:
 The recruiting, abducting, facilitating, transferring, harboring, or transporting a person,
 By threat or use of force, coercion, fraud or deception, or
 By the purchase, sale, trade, transfer or receipt of a person,
 For the purpose of subjecting that person to involuntary servitude, peonage, slavery, slavelike practices, sex trafficking, or
 Forced or bonded labor services.
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Laura G. Burstein
ABA Midyear Meeting
February 8, 2013
Benefits of Approved T Visa:
 Employment Authorization granted for four years from date of approval;
 Right to adjust status to Legal Permanent Residency (“LPR”) at the end of the 3 rd year (a path
to citizenship); and
 Deemed a “Certified Victim of Human Trafficking” from Department of Health and Human
Services’ Office of Refugee Resettlement granting eligibility to receive Refugee Benefits.
Some questions to consider in assessing whether an individual is a victim of HT:
 Did the person come to the United States for a specific job or other purpose?
 Upon arrival, was the person forced to do different work than what he/she was promised?
 Does the person have access to his/her personal documents, identification papers, etc.?
 Does the person owe money to the employer?
 Can the person leave his/her present situation?
 Has the person been threatened with harm or deportation if he/she tries to leave?
 Have family members been threatened?
 Is the person's freedom restricted in any other way?
U-Visa Nonimmigrant Petition for Certified Victims of Crimes (I-918)
Available to non-citizen victims of specific violent crimes who have suffered direct and proximate
harm as a result of the commission of a qualifying criminal activity and must have received law
enforcement certification of that victimization.
Criteria to be entitled to the relief (must show all elements below):
 Suffered substantial physical or mental abuse from the qualifying criminal activity;
 Have information regarding the criminal activity;
 Assisted law enforcement in the investigation or prosecution of the criminal activity; AND
 Criminal activity violated U.S. law or occurred in the United States/territories.
 NOTE: to be eligible to apply for the application, the victim must have received certification
as a crime victim by law enforcement through the completion of form I-918B and the
application must be submitted within 6 months of the date of the completion of the I-918B.
Benefits of Approved U Visa:
 Employment Authorization granted for four years from date of approval; and
 Right to adjust status to Legal Permanent Residency (“LPR”) at the end of the 3 rd year (a path
to citizenship).
Qualifying Criminal Activities
1. Rape;
2. Torture;
3. Trafficking;
4. Incest;
5. Domestic violence;
6. Sexual assault;
7. Abusive sexual
contact;
8. Prostitution;
9. Sexual exploitation;
10. Female genital
mutilation;
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Laura G. Burstein
ABA Midyear Meeting
11. Being held hostage;
12. Peonage;
13. Involuntary
servitude;
14. Slave trade;
15. Kidnapping;
16. Abduction;
February 8, 2013
17. Unlawful criminal
restraint;
18. False imprisonment;
19. Blackmail;
20. Extortion;
21. Manslaughter;
22. Murder;
23. Felonious assault;
24. Witness tampering;
25. Obstruction of
justice;
26. Perjury; OR
27. Attempt, conspiracy
or solicitation to
commit any of the
above.
Special Immigrant Juvenile Status
Available to abused, neglected, or abandoned immigrant minors.
Requirements:
 Minor under twenty-one years of age;
 Is unmarried;
 Has been declared dependent upon a juvenile court or committed to or placed under the
custody of an agency or department of a State;
 Has been deemed eligible by the juvenile court for long-term foster care due to neglect,
abandonment or abuse;
 Continues to be dependent upon the juvenile court and eligible for long-term foster care in
that reunification with parents is not viable; and
 Juvenile court has determined that it is not in the young person's best interest to be returned
to the country of nationality or last residence.
Benefits and Challenges:
 Benefit: upon approval, the minor immediately becomes a legal permanent resident.
 Challenge: a recipient of SIJS can never apply to give immigration status to parents.
VAWA (I-360) Self-Petition
1) Available to a foreign-born spouse of a U.S. citizen or legal permanent resident who is
without legal status and has been a victim of battery or extreme cruelty at the hands of the
spouse.
Criteria to be entitled to this relief (must show all the elements below):
 Spouse of U.S. citizen or legal permanent resident;
 Parties married in good faith/bona fide relationship;
 Filing within 2 years of dissolution of marriage;
 Physical abuse or extreme cruelty during the marriage;
 Parties resided together; AND
 Self-petitioning spouse is a person of good moral character.
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Laura G. Burstein
ABA Midyear Meeting
February 8, 2013
2) Available to a foreign-born child of a U.S. citizen or legal permanent resident who is without
legal status and has been a victim of battery or extreme cruelty at the hands of the parent.
Criteria to be entitled to this relief (must show all the elements below):
 Unmarried child under the age of 21 with a qualifying relationship to abuser;
 Abuser is U.S. citizen or legal permanent resident;
 Abuse committed to the self-petitioning child;
 Self-petitioning child resides in the U.S. at time application filed;
 Self-petitioning child lives or lived with the LPR or U.S. citizen abusive parent; AND
 Self-petitioning child is a person of good moral character.
*A successful petition will result in the applicant obtaining VAWA approval which provides that:
a) if US Citizen spouse/parent: applicant may immediately file to adjust to legal permanent
residency; OR
b) if legal permanent resident spouse/parent: applicant assigned a priority date to file for
adjustment in the future.
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