8 C.F.R. §§ 214.206–214.209

4 sections in range

§214.206. Victim of a severe form of trafficking in persons.

8 C.F.R. § 214.206

(a)

Evidence. The applicant must submit evidence that demonstrates:

(1)

That they are or have been a victim of a severe form of trafficking in persons. Except in instances of sex trafficking involving victims under 18 years of age, severe forms of trafficking in persons must involve both a particular means (force, fraud, or coercion) and a particular end or a particular intended end (sex trafficking, involuntary servitude, peonage, debt bondage, or slavery); or

(2)

If an applicant has not performed labor or services, or a commercial sex act, they must establish that they were recruited, transported, harbored, provided, or obtained for the purposes of subjection to sex trafficking, involuntary servitude, peonage, debt bondage, or slavery, or patronized or solicited for the purposes of subjection to sex trafficking.

(3)

The applicant may satisfy the requirements under paragraph (a)(1) or (2) of this section by submitting:

(i)

The applicant's personal statement, which should describe the circumstances of the victimization suffered. For more information regarding the personal statement, see § 214.204(c).

(ii)

Any other credible evidence, including but not limited to—

(A)

Trial transcripts;

(B)

Court documents;

(C)

Police reports or other documentation from an LEA;

(D)

News articles;

(E)

Copies of reimbursement forms for travel to and from court;

(F)

Affidavits from case managers, therapists, medical professionals, witnesses, or other victims in the same trafficking scheme;

(G)

Correspondence or other documentation from the trafficker;

(H)

Documents used in furtherance of the trafficking scheme such as recruitment materials, advertisements, pay stubs, logbooks, or contracts;

(I)

Photographs or images;

(J)

An LEA declaration as described in § 214.204(c); or

(K)

Documentation of a grant of Continued Presence under 28 CFR 1100.35.

(b)

[Reserved]

Notes, amendments, and revision history

Source

Source: 89 FR 34931, Apr. 30, 2024

Authority

Authority: 6 U.S.C. 202, 236; 8 U.S.C. 1101, 1102, 1103, 1182, 1184, 1186a, 1187, 1188, 1221, 1281, 1282, 1301-1305, 1357, and 1372; sec. 643, Pub. L. 104-208, 110 Stat. 3009-708; Pub. L. 106-386, 114 Stat. 1477-1480; section 141 of the Compacts of Free Association with the Federated States of Micronesia and the Republic of the Marshall Islands, and with the Government of Palau, 48 U.S.C. 1901 note and 1931 note, respectively; 48 U.S.C. 1806; 8 CFR part 2; Pub. L. 115-218, 132 Stat. 1547 (48 U.S.C. 1806).

§214.207. Physical presence.

8 C.F.R. § 214.207

(a)

Requirement. To be eligible for T-1 nonimmigrant status, an applicant must be physically present in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port-of-entry thereto on account of such trafficking. USCIS considers the applicant's presence in the United States at the time of application. An applicant must demonstrate that they are physically present under one of the following grounds:

(1)

Are currently being subjected to a severe form of trafficking in persons;

(2)

Were liberated from a severe form of trafficking in persons by an LEA, at any time prior to filing the Application for T Nonimmigrant Status;

(3)

Escaped a severe form of trafficking in persons before an LEA was involved, at any time prior to filing the Application for T Nonimmigrant Status;

(4)

Were subject to a severe form of trafficking in persons at some point in the past and their current presence in the United States is directly related to the original trafficking in persons, regardless of the length of time that has passed between the trafficking and filing of the Application for T Nonimmigrant Status; or

(5)

Have been allowed entry into the United States for participation in the detection, investigation, prosecution, or judicial processes associated with an act or perpetrator of trafficking.

(i)

An applicant will be deemed physically present under this provision regardless of where such trafficking occurred.

(ii)

To demonstrate that the applicant's physical presence is for participation in an investigative or judicial process, the applicant must submit documentation to show valid entry into the United States and evidence that this valid entry is for participation in investigative or judicial processes associated with an act or perpetrator of trafficking.

(b)

Departure from the United States. An applicant who has voluntarily departed from or has been removed from the United States at any time after the act of a severe form of trafficking in persons is deemed not to be present in the United States as a result of such trafficking in persons unless:

(1)

The applicant's reentry into the United States was the result of the continued victimization of the applicant;

(2)

The applicant is a victim of a new incident of a severe form of trafficking in persons;

(3)

The applicant has been allowed reentry into the United States for participation in the detection, investigation, prosecution, or judicial process associated with an act or a perpetrator of trafficking. An applicant will be deemed physically present under this provision regardless of where such trafficking occurred. To demonstrate that the applicant's physical presence is for participation in an investigative or judicial process, the applicant must submit documentation to show valid entry into the United States and evidence that this valid entry is for participation in investigative or judicial processes associated with an act or perpetrator of trafficking;

(4)

The applicant's presence in the United States is on account of their past or current participation in investigative or judicial processes associated with an act or perpetrator of trafficking, regardless of where such trafficking occurred. The applicant may satisfy physical presence under this provision regardless of the length of time that has passed between their participation in an investigative or judicial process associated with an act or perpetrator of trafficking and the filing of the Application for T Nonimmigrant Status; or

(5)

The applicant returned to the United States and received treatment or services related to their victimization that cannot be provided in their home country or last place of residence outside the United States.

(c)

Evidence. The applicant must submit evidence that demonstrates that their physical presence in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port-of-entry thereto, is on account of trafficking in persons. USCIS will consider any credible evidence presented to determine the physical presence requirement, including but not limited to:

(1)

A detailed personal statement describing the applicant's current presence in the United States on account of the trafficking, including:

(i)

The circumstances describing the victimization, including when the events took place, the length and severity of the trafficking, how and when the applicant escaped, was rescued, or otherwise became separated from the traffickers, when the trafficking ended, and when and how the applicant learned that they were a victim of human trafficking;

(ii)

An explanation of any physical health effects or psychological trauma the applicant has suffered as a result of the trafficking and a description of how this trauma impacts the applicant's life at the time of filing;

(iii)

The financial impact of the victimization;

(iv)

The applicant's ability to access mental health services, social services, and legal services;

(v)

Any relevant description of the applicant's cooperation with law enforcement at the time of filing;

(vi)

A description of how the victimization relates to the applicant's current presence in the U.S., if relevant.

(2)

Affidavits, evaluations, diagnoses, or other records from the applicant's service providers (including therapists, psychologists, psychiatrists, and social workers) documenting the therapeutic, psychological, or medical services the applicant has sought or is currently accessing as a result of victimization and that describe how the applicant's life is being impacted by the trauma at the time of filing, and describing any mental health conditions resulting from the trafficking;

(3)

Documentation of any stabilizing services and benefits, including financial, language, housing, or legal resources, the applicant is accessing or has accessed as a result of being trafficked. For those services and benefits not currently being accessed, the record should demonstrate how those past services and benefits related to trauma the applicant is experiencing at the time of filing;

(4)

An LEA declaration as described in § 214.204(c) or other statements from LEAs documenting the cooperation between the applicant and the LEA or law enforcement involvement in liberating the applicant;

(5)

Documentation of a grant of Continued Presence under 28 CFR 1100.35;

(6)

Any other documentation of entry into the United States or permission to remain in the United States, such as parole under section 212(d)(5) of the Act, or a notation that such evidence is contained in the applicant's immigration file;

(7)

Copies of news reports, law enforcement records, or court records; or

(8)

Any other credible evidence to establish the applicant's current presence in the United States is on account of the trafficking victimization.

Notes, amendments, and revision history

Source

Source: 89 FR 34931, Apr. 30, 2024

Authority

§214.208. Compliance with any reasonable request for assistance in the detection, investigation, or prosecution of an act of trafficking.

8 C.F.R. § 214.208

(a)

Requirement. To be eligible for T-1 nonimmigrant status, an applicant must have complied with any reasonable request for assistance from an LEA in the detection, investigation, or prosecution of acts of trafficking or the investigation of a crime where acts of trafficking are at least one central reason for the commission of that crime, unless the applicant meets an exception or exemption described in paragraph (e) of this section.

(b)

Applicability. An applicant must, at a minimum, contact an LEA with proper jurisdiction to report the acts of a severe form of trafficking in persons. Credible evidence documenting a single contact with an LEA may suffice. Reporting may be telephonic, electronic, or through other means. An applicant who has never had contact with an LEA regarding the acts of a severe form of trafficking in persons will not be eligible for T-1 nonimmigrant status, unless they meet an exemption or exception as described in paragraph (e) of this section.

(c)

Reasonable requests. An applicant need only show compliance with reasonable requests made by an LEA for assistance in the investigation or prosecution of the acts of trafficking in persons. The reasonableness of the request depends on the totality of the circumstances. Factors to consider include, but are not limited to:

(1)

General law enforcement and prosecutorial practices;

(2)

The nature of the victimization;

(3)

The specific circumstances of the victim;

(4)

The victim's capacity, competency, or lack thereof;

(5)

Trauma suffered (both mental and physical) or whether the request would cause further trauma;

(6)

Access to support services;

(7)

The safety of the victim or the victim's family;

(8)

Compliance with previous requests and the extent of such compliance;

(9)

Whether the request would yield essential information;

(10)

Whether the information could be obtained without the victim's compliance;

(11)

Whether a qualified interpreter or attorney was present to ensure the victim understood the request;

(12)

Cultural, religious, or moral objections to the request;

(13)

The time the victim had to comply with the request;

(14)

The age, health, and maturity of the victim; and

(15)

Any other relevant circumstances surrounding the request.

(d)

Evidence. An applicant must submit evidence that demonstrates that they have complied with any reasonable request for assistance in a Federal, State, Tribal, or local detection, investigation, or prosecution of trafficking in persons, or a crime where trafficking in persons is at least one central reason for the commission of that crime. In the alternative, an applicant can submit evidence to demonstrate that they should be exempt under paragraph (e) of this section. If USCIS has any question about whether the applicant has complied with a reasonable request for assistance, USCIS may contact the LEA. The applicant may satisfy this requirement by submitting any of the following:

(1)

An LEA declaration as described in § 214.204(c);

(2)

Documentation of a grant of Continued Presence under 28 CFR 1100.35; or

(3)

Any other evidence, including affidavits of witnesses. In the victim's statement prescribed by § 214.204(c), the applicant should show that an LEA that has responsibility and authority for the detection, investigation, or prosecution of severe forms of trafficking in persons has information about such trafficking in persons, that the victim has complied with any reasonable request for assistance in the investigation or prosecution of such acts of trafficking, and, if the victim did not report the crime, why the crime was not previously reported.

(e)

Exception or exemption. An applicant who has not had contact with an LEA or who has not complied with any reasonable request may be excepted or exempt from the requirement to comply with any reasonable request for assistance in an investigation or prosecution if either of the following circumstances apply:

(1)

Trauma. The applicant is unable to cooperate with a reasonable request for assistance from an LEA in the detection, investigation, or prosecution of acts of trafficking in persons due to physical or psychological trauma. An applicant must submit credible evidence of the trauma experienced. The applicant may satisfy this exception by submitting:

(i)

A personal statement describing the trauma and explaining the circumstances surrounding the trauma the applicant experienced, including their age, background, maturity, health, disability, and any history of abuse or exploitation;

(ii)

A signed statement from a qualified professional, such as a medical professional, mental health professional, social worker, or victim advocate, who attests to the victim's mental state or medical condition;

(iii)

Medical or psychological records documenting the trauma or its impact;

(iv)

Witness statements;

(v)

Photographs;

(vi)

Police reports;

(vii)

Court records and court orders;

(viii)

Disability determinations;

(ix)

Government agency findings; or

(x)

Any other credible evidence.

(2)

Age. The applicant was under 18 years of age at the time of victimization. An applicant who was under 18 years of age at the time at least one of the acts of trafficking occurred is exempt from the requirement to comply with any reasonable request for assistance in the detection, investigation, or prosecution, but they must submit evidence of their age at the time of the victimization. Where available, an applicant should include an official copy of their birth certificate, a passport, or a certified medical opinion. USCIS will also consider any other credible evidence submitted regarding the age of the applicant.

(f)

Exception or exemption established. When an applicant has established that the exception or exemption applies, they are not required to have had any contact with law enforcement or comply with future requests for assistance, including reporting the trafficking. USCIS reserves the authority and discretion to contact the LEA involved in the case, if appropriate.

Notes, amendments, and revision history

Source

Source: 89 FR 34931, Apr. 30, 2024

Authority

§214.209. Extreme hardship involving unusual and severe harm.

8 C.F.R. § 214.209

To be eligible for T-1 nonimmigrant status, an applicant must demonstrate that removal from the United States would subject the applicant to extreme hardship involving unusual and severe harm.

(a)

Standard. A finding of extreme hardship involving unusual and severe harm may be based on the following factors.

(b)

Factors. Factors that may be considered in evaluating whether removal would result in extreme hardship involving unusual and severe harm should include both traditional extreme hardship factors and factors associated with having been a victim of a severe form of trafficking in persons. These factors include, but are not limited to:

(1)

The age, maturity, and personal circumstances of the applicant;

(2)

Any physical or psychological issues the applicant has that necessitate medical or psychological care not reasonably available in the foreign country to which the applicant would be returned;

(3)

The nature and extent of the physical and psychological consequences of having been a victim of a severe form of trafficking in persons;

(4)

The impact of the loss of access to the United States courts and the criminal justice system for purposes relating to the incident of a severe form of trafficking in persons or other crimes perpetrated against the applicant, including criminal and civil redress for acts of trafficking in persons, criminal prosecution, restitution, and protection;

(5)

The reasonable expectation that the existence of laws, social practices, or customs in the foreign country to which the applicant would be returned would penalize the applicant severely for having been the victim of a severe form of trafficking in persons;

(6)

The likelihood of re-victimization and the need, ability, and willingness of foreign authorities to protect the applicant;

(7)

The likelihood that the trafficker or others acting on behalf of the trafficker in the foreign country would cause the applicant harm;

(8)

The likelihood that the applicant's individual safety would be threatened by the existence of civil unrest or armed conflict; or

(9)

Current or likelihood of future economic harm.

(c)

Evidence.

(1)

An applicant is encouraged to describe and document all factors that may be relevant to the case, as there is no guarantee that a particular reason(s) will satisfy the requirement.

(2)

Hardship to persons other than the applicant may be considered in determining whether an applicant will suffer the requisite hardship only if the related evidence demonstrates specifically that the applicant will suffer extreme hardship upon removal as a result of hardship to persons other than the applicant.

(3)

The applicant may satisfy this requirement by submitting any credible evidence regarding the nature and scope of the hardship if the applicant was removed from the United States, including evidence of hardship arising from circumstances surrounding the victimization and any other circumstances.

(4)

An applicant may submit a personal statement or other evidence, including evidence from relevant country condition reports and any other public or private sources of information.

Notes, amendments, and revision history

Source

Source: 89 FR 34931, Apr. 30, 2024

8 C.F.R. §§ 214.206–214.209

§214.206. Victim of a severe form of trafficking in persons.

Source

Authority

§214.207. Physical presence.

Source

Authority

§214.208. Compliance with any reasonable request for assistance in the detection, investigation, or prosecution of an act of trafficking.

Source

Authority

§214.209. Extreme hardship involving unusual and severe harm.

Source

Authority

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