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Collection Highlights

Chinese Immigration and Australian Politics: A Critical

Analysis on a Merit-Based Immigration System Jia Gao

Representations of Transnational Human Trafficking

Christiana Gregoriou

Exploiting People for Profit: Trafficking in Human Beings

Simon Massey

Constructing Human Trafficking Jennifer K. Lobasz

Human Trafficking Finances: Evidence from Three European
Countries Georgios A. Antonopoulos

Freedom for All An Attorney s Guide to Fighting Human

Trafficking Kelly Hyland

Helping Survivors of Authoritarian Parents Siblings and

Partners A Guide for Professionals 1st Edition Eric Maisel

Human Trafficking Is a Public Health Issue: A Paradigm

Expansion in the United States 1st Edition Makini Chisolm-
Straker

Integrative Human Biochemistry: A Textbook for Medical

Biochemistry Andrea T. Da Poian
[Link].qxp_Layout 2 2/20/19 6:01 PM Page 1

Option for Survivors of Human Trafficking

T Visas A Critical Immigration
T Visas: A Critical Immigration Option for • A thorough and comprehensive overview of the
Survivors of Human Trafficking is a comprehensive requirements for T nonimmigrant status and
resource to guide you through the entire process of numerous examples of trafficking cases that qualify
representing a survivor of human trafficking in their • A step-by-step guide for completing and submitting
immigration case. From preparing your agency to Form i-914 T nonimmigrant status applications
represent human trafficking survivors, to completing T • A thorough and comprehensive overview of the
nonimmigrant status and adjustment applications, to requirements for T adjustment of status and
assisting derivative family members, to representing numerous sample materials
survivors in removal proceedings, to ensuring you can • The latest information for assisting T nonimmigrants
recognize signs of secondary trauma and plan for
self-care, this publication provides a thorough
explanation of the requirements and processes for all
or their family members who seek to travel or
enter the United States on a T visa
• An overview of representing clients in removal
T Visas
of these immigration situations as well as practice
pointers, sample materials and more.
proceedings and many sample motions and
practice tips
A Critical Immigration
This first edition of T Visas: A Critical Immigration • Guidance for recognizing secondary trauma and
Option for Survivors of Human Trafficking includes: tips for ensuring self-care Option for Survivors of
Human Trafficking

TEACHING, INTERPRETING AND CHANGING LAW SINCE I 979

a publication of the
IMMIGR ANT LEGAL
RESOURCE CENTER

1st Edition
1st Edition
1458 HOWARD STREET Immigrant Legal Resource Center
SAN FRANCISCO, CA 94103
T 415.255.9499 / F 415.255.9792
[Link]
T Visas
A Critical Immigration Option for
Survivors of Human Trafficking

1st Edition

The Immigrant Legal Resource Center

Copyright 2018

A
Immigrant Legal Resource Center
1663 Mission Street, Suite 602
San Francisco, CA 94103
415.255.9499
[Link]
The Immigrant Legal Resource Center (ILRC) is a
national, nonprofit resource center that provides legal
trainings, educational materials, and advocacy to advance
immigrant rights.
Since 1979, the mission of the ILRC is to work with and
educate immigrants, community organizations, and the
legal sector to continue to build a democratic society that
values diversity and the rights of all people.
WHAT WE DO
Legal Professionals & Advocates
• Trainings: Throughout the year, the ILRC staff
attorneys provide classroom seminars and
webinars on a wide range of topics that affect the
immigrant community.
• Publications: ILRC publishes some of the top
reference manuals on immigration law.
• Technical Assistance: Our unique, nation-wide consultation service called the Attorney of the Day
(AOD) provides legal assistance to attorneys, staff of nonprofit organizations, public defenders, and
others assisting immigrants.
Immigrants
• Community Advocacy: ILRC assists immigrant groups in understanding immigration law and the
democratic process in the United States, so as to enable them to advocate for better policies in
immigration law, as well as in health care, community safety, and other issues that affect the
immigrant community.
• Leadership Training: ILRC trains immigrant leaders how to be more effective advocates for their
communities.
• Know Your Rights Presentations: ILRC attorneys regularly conduct “know your rights” trainings
with immigrant-based organizations to inform immigrants about their rights under the immigration
laws and the United States Constitution, how to protect themselves from becoming victims of
immigration fraud, changes in immigration law and policy, and a host of other issues that affect the
lives of immigrants.
Laws, Policies & Practice
• Monitoring Changes in Immigration Law: ILRC attorneys are experts in the field of immigration
law, and keep abreast of the frequent changes in immigration case law and policy so that we can
inform our constituents of those changes as soon as they occur.
• Policies: ILRC conducts ongoing dialogues between Immigration Service officials and the
community agency representatives to help ensure that government policies and procedures are
more reasonable and fair, and to make sure that information about these policies is provided to the
immigrant advocacy community in a timely manner.
• Advocacy: ILRC advocates for reasonable changes in immigration law to get closer to our ideal of
a system that will recognize the contributions immigrants make to our society, respect their dignity,
and insure a workable, secure, and humane immigration system.
How to Contact Us
• General inquiries: ilrc@[Link]
• Publications: publications@[Link]
• Seminars: seminars@[Link]
• Attorney of the Day (AOD): contracts@[Link]
• Website: [Link]
How to Support Our Work
Please visit our website [Link] to make a tax-deductible contribution.
 T Visas
November 2018

ACKNOWLEDGEMENTS

The Immigrant Legal Resource Center (ILRC) would like to thank and acknowledge the many
organizations and individuals who contributed to our work in creating this manual.
Our biggest thanks goes to the amazing attorneys who together helped co-author this manual and
without whom this resource would not be available. Thank you so much to Evangeline Abriel
(Clinical Professor of Law at Santa Clara University School of Law), Ariel Brown (Law Fellow,
Immigrant Legal Resource Center), Cindy Liou (Deputy Director of Legal Services, Kids in Need
of Defense), Nikki Marquez (Special Projects Attorney, Immigrant Legal Resource Center),
Lynette Parker (Associate Clinical Professor, Katharine and George Alexander Community Law
Center), Rachel Prandini (Staff Attorney, Immigrant Legal Resource Center), Leah Chen Price
(Senior Staff Attorney, Tahirih Justice Center), Karen Schulz (Managing Attorney, Step Forward
Foundation), and Sara Van Hofwegen (Supervising Senior Staff Attorney – Immigrants’ Rights
Project, Public Counsel). In addition to representing human trafficking survivors and other
noncitizens in their immigration cases, these incredible women generously shared their time,
experience and expertise to ensure that as much knowledge was included in this manual as
possible to help build the field of T visa advocates. We are tremendously grateful for their
camaraderie, wisdom, mutual support, and generosity. This manual would not have been possible
without them.
We would also like to acknowledge and thank those who helped by producing and contributing
content from our other co-produced resource, Representing Survivors of Human Trafficking: A
Promising Practices Handbook, sharing sample materials and resources, providing critical input,
editing and cite-checking, and providing background information and research. They include
Ainsley McMahon (KIND), Ivy Lee (formerly at Asian Pacific Islander Legal Outreach), Carolyn
Kim (Coalition to Abolish Slavery & Trafficking), Sarai Chavarria (Step Forward Foundation),
Veronica Garcia (Immigrant Legal Resource Center), and Caleb Stewart (Rocky Mountain
Immigrant Advocacy Network).
And thank you to our Publication and Program Coordinator Tim Sheehan who so patiently made
sure all of the details were in place to make this book possible.
The ILRC is extremely proud to be producing this manual with this amazing group of people.

Sally Kinoshita
Deputy Director
Immigrant Legal Resource Center
November 2018

i
Immigrant Legal Resource Center
November 2018

ii
Immigrant Legal Resource Center
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T VISAS: A CRITICAL IMMIGRATION OPTION FOR SURVIVORS OF

HUMAN TRAFFICKING
1ST EDITION

INDEX OF APPENDICES

Chapter 1 Introduction
§ 1.1 Overview of Benefits and Eligibility for T Nonimmigrant Status ......................... 1
§ 1.2 How to Use This Manual........................................................................................ 2
§ 1.3 Contents of This Manual ........................................................................................ 3
§ 1.4 Resources ............................................................................................................... 5
Chapter 2 Agency Preparation for Human Trafficking Cases
§ 2.1 Understanding the Complexity of Human Trafficking and
T Visa Cases ........................................................................................................... 7
§ 2.2 Considerations before a Trafficking Survivor Is First Encountered....................... 9
§ 2.3 Safety Concerns.................................................................................................... 11
§ 2.4 Protecting Shelter Anonymity .............................................................................. 12
§ 2.5 Considerations When a Trafficking Survivor Is Identified .................................. 14
§ 2.6 Reporting to Law Enforcement ............................................................................ 16
§ 2.7 Intake .................................................................................................................... 18
§ 2.8 Working with Trauma Survivors .......................................................................... 18
§ 2.9 Client Interviewing ............................................................................................... 22
Chapter 3 T Nonimmigrant Status Eligibility
§ 3.1 T Nonimmigrant Status Eligibility Requirements Overview ............................... 25
§ 3.2 Element One: Victim of a Severe Form of Human Trafficking ........................... 27
§ 3.3 Element Two: Physical Presence on Account of Trafficking .............................. 38
§ 3.4 Element Three: Compliance with Any Reasonable Request for
Assistance Made by Law Enforcement ................................................................ 41
§ 3.5 Element Four: Extreme Hardship upon Removal ................................................ 50
Chapter 4 T Nonimmigrant Status Process
§ 4.1 Screening for Eligibility ....................................................................................... 55
§ 4.2 The T Nonimmigrant Status Packet ..................................................................... 57
§ 4.3 Cover Letter.......................................................................................................... 60
§ 4.4 Completing Form I-914 ........................................................................................ 61
§ 4.5 Filing Fees ............................................................................................................ 65
§ 4.6 Filing Fee Waiver Requests ................................................................................. 65
§ 4.7 Working with Law Enforcement to Request and Complete the
Form I-914 Supplement B .................................................................................... 67
§ 4.8 Documentation of Human Trafficking ................................................................. 71
§ 4.9 Documentation of Cooperation with Law Enforcement....................................... 71
§ 4.10 Applicant’s Declaration........................................................................................ 73

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 T Visas
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§ 4.11 Documentation of Extreme Hardship upon Removal .......................................... 74

§ 4.12 Assembling and Submitting a T Nonimmigrant Status Application .................... 74
§ 4.13 Notices from USCIS ............................................................................................. 75
§ 4.14 Requests for More Evidence (RFEs) .................................................................... 76
§ 4.15 Approvals ............................................................................................................. 77
§ 4.16 Denials.................................................................................................................. 78
§ 4.17 Duration and Extension of Status ......................................................................... 80
§ 4.18 Revocation of T Nonimmigrant Status ................................................................. 81
§ 4.19 Appeals and Motions to Reopen or Reconsider Appeals ..................................... 82
Chapter 5 Inadmissibility Grounds and Waivers
§ 5.1 Overview of Inadmissibility and Waivers ............................................................ 85
§ 5.2 Inadmissibility Grounds and Waivers at the T Nonimmigrant Stage ................... 87
§ 5.3 Inadmissibility Grounds and Waivers at the T Adjustment of
Status Stage .......................................................................................................... 88
§ 5.4 Identifying an Applicant’s Grounds of Inadmissibility to Be Waived ................. 89
§ 5.5 Addressing Inadmissibility on the Form I-914 ..................................................... 94
§ 5.6 Completing Form I-192 ........................................................................................ 95
§ 5.7 Documenting That the Applicant Merits a Waiver .............................................. 96
§ 5.8 Filing Fees and Fee Waivers ................................................................................ 98
§ 5.9 Requests for Evidence (RFEs) and Notices of Intent to Deny
(NOIDs) ................................................................................................................ 98
§ 5.10 Waiver Denials and Resubmissions ..................................................................... 98
Chapter 6 T Nonimmigrant Adjustment of Status Eligibility
§ 6.1 Introduction .......................................................................................................... 99
§ 6.2 Overview of Eligibility Requirements for T Adjustment of Status ...................... 99
§ 6.3 Granted T Nonimmigrant Status and Continue to Hold
T Nonimmigrant Status ...................................................................................... 102
§ 6.4 Continuous Physical Presence in T Nonimmigrant Status ................................. 102
§ 6.5 Person of Good Moral Character During T Nonimmigrant Status and
Adjustment of Status Process ............................................................................. 104
§ 6.6 Assistance in the Investigation or Prosecution or a Showing of
Extreme Hardship ............................................................................................... 107
§ 6.7 Inadmissibility and Discretionary Issues ............................................................ 109
Chapter 7 Adjustment of Status Process
§ 7.1 Documentation Requirements for T Adjustment of Status ................................ 112
§ 7.2 Completing Form G-28 ...................................................................................... 114
§ 7.3 Completing Form I-485 ...................................................................................... 115
§ 7.4 Form I-765/Work Permit Application ................................................................ 116
§ 7.5 Filing Fees and Fee Waivers .............................................................................. 116
§ 7.6 Passport .............................................................................................................. 117
§ 7.7 Medical Exam .................................................................................................... 118
§ 7.8 Proving Continuous Physical Presence .............................................................. 121

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§ 7.9 Evidence of Good Moral Character.................................................................... 123

§ 7.10 Establishing Compliance with Reasonable Requests for Assistance or
Extreme Hardship ............................................................................................... 124
§ 7.11 Form I-601/Inadmissibility................................................................................. 126
§ 7.12 Evidence That Discretionary Approval Is Warranted ........................................ 127
§ 7.13 Filing the Adjustment of Status Application ...................................................... 128
§ 7.14 Biometrics .......................................................................................................... 129
§ 7.15 Approvals and Denials ....................................................................................... 130
Chapter 8 Assisting Family Members
§ 8.1 Overview of Qualifying Family Members ......................................................... 133
§ 8.2 Family Members Defined under Immigration Law............................................ 134
§ 8.3 “Qualifying Family Member” Relationships for T Derivative Status ................ 136
§ 8.4 Documenting the Family Relationship ............................................................... 138
§ 8.5 T Nonimmigrant Application Timing and Procedure for Derivative
Family Members ................................................................................................ 141
§ 8.6 Admissibility ...................................................................................................... 142
§ 8.7 Employment Authorization ................................................................................ 143
§ 8.8 T Derivative Approvals in the United States...................................................... 144
§ 8.9 T Derivative Approvals Outside the United States
(Consular Processing)......................................................................................... 144
§ 8.10 Adjustment Procedure for T Nonimmigrant Derivative
Family Members ................................................................................................ 147
§ 8.11 Qualifying Family Members with Removal Issues ............................................ 149
§ 8.12 Revocation of Derivative Status ......................................................................... 149
Chapter 9 T Visas and Removal Issues
§ 9.1 Applicants Currently in Removal Proceedings .................................................. 151
§ 9.2 Continuances ...................................................................................................... 152
§ 9.3 Administrative Closure....................................................................................... 152
§ 9.4 Termination ........................................................................................................ 153
§ 9.5 Detained Applicants ........................................................................................... 155
§ 9.6 Waivers of Inadmissibility ................................................................................. 156
§ 9.7 Applicants with Prior Orders of Removal .......................................................... 157
§ 9.8 T Visas for Lawful Permanent Residents ........................................................... 158
Chapter 10 T Travel Issues
§ 10.1 Introduction ........................................................................................................ 159
§ 10.2 Bringing Derivatives from Abroad..................................................................... 160
§ 10.3 Travel Before Approval Notice Issued ............................................................... 161
§ 10.4 Approval Notices for Derivatives Abroad.......................................................... 162
§ 10.5 Decision to Travel .............................................................................................. 162
§ 10.6 Consular Processing ........................................................................................... 163
§ 10.7 Border Entry with CBP ...................................................................................... 167

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November 2018

§ 10.8 Entering the United States .................................................................................. 167

§ 10.9 Parole for Adjustment of Status Applicants ....................................................... 167
Chapter 11 Working with Children and Youth
§ 11.1 Introduction ........................................................................................................ 169
§ 11.2 General Practice Tips for Working with Children and Youth ............................ 169
§ 11.3 Understanding Trauma in Children and Avoiding Re-Traumatization .............. 175
§ 11.4 Legal and Ethical Issues in Representing Children ............................................ 177
§ 11.5 Special Agencies and Programs for Children or Youth
Trafficking Survivors ......................................................................................... 178
Chapter 12 Practical Client Considerations
§ 12.1 Housing and Shelters .......................................................................................... 183
§ 12.2 Case Management .............................................................................................. 185
§ 12.3 Health Services ................................................................................................... 186
§ 12.4 Government Agencies ........................................................................................ 187
§ 12.5 Working with Interpreters .................................................................................. 188
§ 12.6 Funders ............................................................................................................... 190
§ 12.7 Keeping and Sharing Confidential Information Professional
Obligations and Privileged Relationships .......................................................... 191
§ 12.8 Civil Cases.......................................................................................................... 197
Chapter 13 Secondary Trauma and the Importance of Self-Care
§ 13.1 Concepts of Secondary Trauma (Vicarious Trauma,
Compassion Fatigue) .......................................................................................... 205
§ 13.2 Symptoms of Secondary Trauma ....................................................................... 206
§ 13.3 Assessing the Possibility of Re-Traumatization or Secondary Trauma ............. 206
§ 13.4 Awareness of the Effects of Working with Trauma Survivors .......................... 207
§ 13.5 Issues Unique to Legal Representatives ............................................................. 207
§ 13.6 Issues Unique to Staff......................................................................................... 208
§ 13.7 Issues Unique to Interpreters .............................................................................. 208
§ 13.8 Self-Care: Why It’s Important ............................................................................ 209
§ 13.9 Self-Care: Prevention of Secondary Trauma ...................................................... 209

INDEX OF APPENDICES
Appendix A Resources for Human Trafficking and T Visa Cases
Appendix B Sample Attorney-Client Retainer Agreement
Appendix C Sample Joint Representation Disclosure and Consent Form
Appendix D Release of Information Form
Appendix E Initial Letter to Law Enforcement.
Appendix F Intake Forms
Appendix G Sample Trafficking Questionnaire

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Appendix H Continued Presence Information

Appendix I ICE HSI Directive 10075.2: Continued Presence, 2 (Oct. 6, 2016)
Appendix J Sample Screening Tool
Appendix K Action-Means-Purpose Chary
Appendix L Sample Completed Form I-914 Packet
Appendix M Spanish Translation of I-914 Questions
Appendix N Sample FOIA Requests
Appendix O Sample Form G-1054 Fee Waiver Denial
Appendix P Sample Request to Law Enforcement
Appendix Q Sample Motion to Quash a Subpoena
Appendix R Sample Application Support Center Appointment Notice
Appendix S Information for Derivative Family Member on Fingerprints and
Photographs
Appendix T Sample RFEs and Responses
Appendix U T Nonimmigrant Status Employment Authorization Document
Appendix V Sample Approval and Denial Notices
Appendix W Sample FBI Background Check Request Letter
Appendix X Sample Police Report Request Form
Appendix Y Sample Letter to Clients Regarding Adjustment Eligibility
Appendix Z Sample Adjustment of Status Packet
Appendix AA Sample Adjustment Approval Notice
Appendix BB Sample Client Closing Letter
Appendix CC Sample T Nonimmigrant and T Derivative Checklist
Appendix DD Interim Policy Memorandum PM 602-0107, Oct. 2014
Appendix EE Interim Policy Memorandum PM 602-0032.2, Oct. 2016.
Appendix FF International Organization for Migration Family Reunification Brochure
Appendix GG Sample Cover Letter for a Derivative Who Entered on a T Visa
Appendix HH Sample Motion to Continue
Appendix II Sample Motion for Administrative Closure
Appendix JJ Sample Motion to Terminate Removal Proceedings
Appendix KK Information on Requesting OCC to Join or Non-Oppose a Motion

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Appendix LL Sample Motion to Reopen and Terminate Proceedings

Appendix MM Sample DS-160 Worksheet
Appendix NN Sample Letter to Social Services
Appendix OO Sample Interpreter Confidentiality Agreement
Appendix PP Sample Common-Interest Agreement

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 T Visas

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CHAPTER 1
INTRODUCTION

This chapter includes:

§ 1.1 Overview of Benefits and Eligibility for T Nonimmigrant Status ......................... 1
§ 1.2 How to Use This Manual........................................................................................ 2
§ 1.3 Contents of This Manual ........................................................................................ 3
§ 1.4 Resources ............................................................................................................... 5

§ 1.1 Overview of Benefits and Eligibility for T Nonimmigrant Status

T nonimmigrant status 1 is a nonimmigrant (temporary) status that allows noncitizen survivors of
a severe form of human trafficking to stay in the United States, obtain employment authorization,
apply for lawful permanent resident status, and help certain family members obtain immigration
status as well. It was created by the Victims of Trafficking and Violence Prevention Act
(hereinafter VTVPA 2000). 2
The T nonimmigrant status discussed in this manual is often colloquially referred to as a “T visa”
by attorneys and community members alike. However, it is important to note that most clients in
the United States who benefit from this immigration option will not have a T visa. Instead, they
will be approved for T nonimmigrant status. This is an important distinction to make to clients
and to understand as immigration practitioners.

PRACTICE POINTER: The importance of the distinction between T visas and

T nonimmigrant status. The terms “T visa” and “T nonimmigrant status” are often used
interchangeably; however, there is an important distinction between the two.
Nonimmigrant status is a form of immigration status granted to your client when they are already
in the United States or they arrive in the United States. It is usually indicated on an approval
notice from U.S. Citizenship and Immigration Services (USCIS) and a Form I-94 and will include
an expiration date. It allows your client temporarily to remain legally in the United States as a
T nonimmigrant.
A visa is a document placed in your client’s passport by a U.S. consular official. It permits your
client to enter the United States and travel into and out of the United States. T nonimmigrants
may obtain a multiple entry visa that can be used to repeatedly enter the United States.
Therefore, the T visa allows your client to enter the United States. T nonimmigrant status allows
your client to remain in the United States.

1
The terms “T visa” and “T nonimmigrant status” are often used interchangeably by attorneys and
advocates. However, there is an important distinction between the two. See the Practice Pointer on the next
page for more details on this distinction.
2
Pub. L. 106-386, 114 Stat. 1464 (Oct. 28, 2000) [VTVPA].

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Although these two terms are colloquially used interchangeably, there is an important distinction.
For more information on travel issues and the T visa, see Chapter 10 of this manual.

There is a statutory annual limit of 5,000 T visas or approved T nonimmigrant status that can be
granted per fiscal year. 3 This numeric limit applies only to principal applicants, and not to
derivative cases. 4 As of this manual’s writing (November 2018), the statutory cap on T visas has
never been reached. 5
The duration of the T nonimmigrant status is for up to four years. 6 However, this period of status
may be extended in certain situations. 7
T nonimmigrants may also be able to adjust status in the United States to obtain lawful permanent
residence (a green card).8 There are also provisions to grant derivative T nonimmigrant status,
T visas and lawful permanent resident status to certain family members of T nonimmigrants. 9
The Department of Homeland Security (DHS) first published T nonimmigrant status regulations
in 2002 as an interim rule, which included eligibility criteria, the application process, evidentiary
standards, and benefits associated with the T visa. On December 19, 2016, DHS published a
subsequent interim rule after related legislation was enacted and after reviewing submitted
comments on the regulations. This interim rule became effective on January 18, 2017 and are the
current regulations as of this manual’s writing (November 2019). Because the current
T nonimmigrant regulations are interim, they may change when final regulations are issued.
Sometimes, interim regulations are in place for many, many years before the regulations become
final.
On December 12, 2008, USCIS published interim regulations on adjustment of status for
T nonimmigrants. 10 They became effective on January 12, 2009. They are also interim
regulations and therefore subject to change upon issuance of the final regulations.
Some implementing provisions have been issued in policy guidance memoranda. USCIS policy
memoranda regarding T nonimmigrants may also be found on the CIS website at [Link].

§ 1.2 How to Use This Manual

This manual is designed for attorneys, advocates, paralegals and other staff at nonprofit
organizations, government agencies, shelters, law enforcement agencies, schools, social service
agencies, health care providers and other organizations who serve immigrant communities and

3
INA § 214(o)(2).
4
INA § 214(o)(3)(B).
5
USCIS data on application, approval, and denials rates for immigration forms can be found online at
[Link]
6
INA § 214(o)(7)(A).
7
INA § 214(o)(7)(B) and (C). See Chapter 3 for more detail about extending T nonimmigrant status past the
four-year initial period.
8
INA § 245(l).
9
INA § 101(a)(15)(T)(ii). See Chapter 8 for a detailed discussion on assisting family members of
T nonimmigrants in obtaining immigration status.
10
73 FR 75540.

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Chapter 1
November 2018

immigrant survivors in search of help. Through this manual, we will guide you through the entire
process of handling an immigration case for a T nonimmigrant status applicant—from screening
for eligibility to adjusting status to lawful permanent residency and assisting eligible family
members and T nonimmigrants who wish to travel outside the United States.
In addition to providing a thorough explanation of the requirements and process, this manual
includes numerous sample materials that may be helpful to you in putting together your client’s
case. The included appendices include sample versions of the immigration forms you will need,
sample checklists, sample declarations, samples of the receipt notices and other correspondence
you can expect to receive from USCIS, sample motions to submit to the immigration court, and
more. Numerous sample materials are found at the back of this manual in the appendix and are
referenced throughout the manual.
Some of the processing procedures for T nonimmigrants are in flux. As of this manual’s writing
(November 2018), the T nonimmigrant and adjustment implementing regulations are still interim
(although may remain in this state for years or become final in the same form) and more draft and
final policy guidance memoranda are expected. We therefore encourage you to follow the
organizations listed in the Resources for Human Trafficking and T Visas Cases page found at
Appendix A.

PRACTICE POINTER: Where to find the law, regulations, and policy on the T Visa. Most of
the policy and procedure related to the T visa are contained in one of three places: the statute, the
regulations, or policy guidance issued by USCIS.
The statute is the Immigration & Nationality Act (INA), and the relevant sections are at:
• INA § 101(a)(15)(T): T nonimmigrant status eligibility requirements
• INA § 214(o): Miscellaneous T nonimmigrant requirements
• INA § 212(d)(13): T nonimmigrant inadmissibility waivers
• INA § 245(l): T nonimmigrant adjustment provisions
Much of the policy and procedure are outlined in the regulations, the relevant sections of which
are:
• 8 CFR §§ 212.16, 214.11: T nonimmigrant status
• 8 CFR § 245.23: T nonimmigrant adjustment of status
Finally, as is often the case with immigration policy and procedure, some of important issues
related to T nonimmigrant status are addressed in USCIS policy guidance memoranda. Some of
these memoranda are available on the USCIS website at [Link].

§ 1.3 Contents of This Manual

This manual contains thirteen chapters and an extensive appendix at the end of the manual. Please
refer to these chapters for substantive coverage of the following topics:
Chapter 1, Introduction, covers an overview of benefits and eligibility for T nonimmigrant
status, the contents of this manual and how to use it, and resources to assist you in navigating this
topic.

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Chapter 2, Agency Preparation for Human Trafficking Cases, provide an overview of things
to consider before taking on a T visa cases including background on the complexity of human
trafficking cases, safety concerns, working with trauma survivors and client interviewing.
Chapter 3, T Nonimmigrant Status Eligibility, covers eligibility for T nonimmigrant status
including a detailed discussion of the eligibility requirements for the visa, screening tips and
practice pointers.
Chapter 4, T Nonimmigrant Status Process, details step-by-step how to apply for
T nonimmigrant status, including details on how to fill out and document the Form I-914, what to
expect from the process, how to obtain work authorization, and how and when to communicate
with USCIS about your client’s case. It also describes issues that arise after T nonimmigrant
status is approved, including requesting an extension of status or the possibility of a revocation of
status.
Chapter 5, Inadmissibility Grounds and Waivers, provides information about the various
grounds of inadmissibility applicable to the T nonimmigrant status applicant, the standard for
overcoming them with a waiver, and strategies for how to apply for the inadmissibility waiver.
Chapter 6, T Nonimmigrant Adjustment of Status Eligibility, details the requirements for
T nonimmigrants to obtain lawful permanent residence, as well as how jurisdictional issues,
inadmissibility grounds, and prior removal orders may affect your client’s case.
Chapter 7, Adjustment of Status Process, is another step-by-step chapter providing details to
guide you through completing the adjustment packet, including the I-485 and supporting
documentation, for a T nonimmigrant.
Chapter 8, Assisting Family Members, is dedicated to providing information on how to help
family members obtain immigration status—either as derivative family members at the
T nonimmigrant status phase, the T visa phase, or at the adjustment phase.
Chapter 9, Removal Issues, discusses issues impacting clients who are currently in removal
proceedings and those with prior removal or deportation issues, including information on motions
and stays.
Chapter 10, T Travel Issues, is dedicated to providing practical information for helping
T nonimmigrant status holders who wish to travel, and approved T derivatives in their home
countries who wish to travel to the United States and will need to go through consular processing.
Chapter 11, Working with Children and Youth, covers general practice tips for working with
children and youth as well as special considerations when helping children and youth survivors of
trafficking with the T visa eligibility.
Chapter 12, Practical Client Considerations, is a chapter on the other agencies and issues that
may come up in a T visa case, including ones related to housing, health, interpreters, funding,
civil cases, and more.
Chapter 13, Secondary Trauma and the Importance of Self-Care, covers the concepts of
secondary trauma, how to recognize its symptoms, things to keep in mind in working with trauma
survivors, and ideas for self-care.

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The Appendix found at the end of this manual provides numerous sample materials, screening
sheets, checklists, USCIS memoranda and other materials that advocates may find useful in
helping a client successfully obtain T nonimmigrant status.

§ 1.4 Resources
Those of us who work with T nonimmigrant status applicants are fortunate that a universe of
resources exists to help advocates and attorneys with these cases, and there are numerous
excellent attorneys who are willing to share the resources they’ve created. Attached to this
manual at Appendix A please find a list of resources for immigration forms, fees and updates,
technical assistance, websites, trainings, webinars, seminars, listservs, and other written materials.

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CHAPTER 2
AGENCY PREPARATION FOR HUMAN TRAFFICKING CASES

This chapter includes:

§ 2.1 Understanding the Complexity of Human Trafficking and
T Visa Cases ........................................................................................................... 7
§ 2.2 Considerations before a Trafficking Survivor Is First Encountered....................... 9

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§ 2.3 Safety Concerns.................................................................................................... 11
§ 2.4 Protecting Shelter Anonymity .............................................................................. 12
§ 2.5 Considerations When a Trafficking Survivor Is Identified .................................. 14
§ 2.6 Reporting to Law Enforcement ............................................................................ 16
§ 2.7 Intake .................................................................................................................... 18
§ 2.8 Working with Trauma Survivors .......................................................................... 18
§ 2.9 Client Interviewing ............................................................................................... 22

§ 2.1 Understanding the Complexity of Human Trafficking and

T Visa Cases
Human trafficking cases can be challenging because there are so many aspects to representing a
trafficking survivor. Among the challenges is that there may be many individuals involved in the
case as part of a larger team. 1 Besides the immigration attorney, the survivor might have a civil
attorney, a worker’s rights attorney, and/or a criminal defense attorney; and/or they may be
working with law enforcement and/or a district attorney as a victim in a criminal case. Each
attorney is focused on their particular legal issues and claims. The attorneys may require the same
information and similar documents, but questions arise as to how much information to share,
especially if the various legal claims are handled by separate law offices. At the very least, the
legal services team should be in communication on process, if authorized in writing by the
survivor.
Rarely will human trafficking survivors have funds to pay a private attorney, unless the trafficker
hires the private attorney on behalf of the survivor. The process for representing a survivor of
human trafficking is complex and does not lend itself to the casual representation.
Example: Jane was trafficked into the United States to provide childcare for her cousin’s
daughter. Upon arriving in the United States, the cousin advised Jane that she needed to
work in her cleaning business as well, in order to repay the cost of travel and housing and
food in the United States. Jane’s cousin took Jane’s passport for “safekeeping” and told
Jane not to leave the house without her, or the police would arrest Jane for being a
foreigner. In time, Jane’s cousin began threatening Jane’s family if she did not do the

1
Working from a team-based approach goes beyond the scope of this manual. For a handbook containing
lessons learned and promising practices tips in the context of a team-based approach to serving human
trafficking survivors, see Representing Survivors of Human Trafficking: A Promising Practices Handbook
available at [Link]

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cleaning work well, or if Jane complained of being tired. After a year, Jane was able to
slip out of the house to go to a neighbor’s house. The neighbor tried to help Jane get
resources and a place to stay. The cousin reported Jane missing and called ICE on Jane.
At some point, the neighbor took Jane to a community legal services office.
The legal services office screened Jane and determined she was a human trafficking
survivor. They also learned that she’d been placed in removal proceedings for
overstaying her visa. The legal services attorney told Jane to go to the local police station
to report that she was a human trafficking victim. The attorney said it could help with her
immigration case in court if she could get a law enforcement certification. The attorney
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gave the survivor the law enforcement paperwork to give the police to fill out. The
survivor did as she was told and went to the police station. At the station, she told the
police that she wanted to report she was a victim of human trafficking and that she
wanted them to fill out some paperwork because it would help with her immigration case.
The police were suspicious, and while they followed up with a local Trafficking Task
Force they expressed concern that Jane was just using the system to find a way to remain
in the United States.
Example: Niko was brought to the United States at the age of 17 to do construction
work, be a handyman, babysitter, and domestic worker for his uncle and his uncle’s two
young children. Although Niko’s uncle promised him he could go to school, learn how to
drive, and he would help him petition for papers, over three years, he never paid Niko or
followed through on his promises. When Niko dared to complain, his uncle threatened to
deport him. Niko finally found a non-profit immigration attorney experienced in U visas.
This attorney instructed him to report his case to the local police department as an
incident of domestic violence and human trafficking, as the attorney normally did with
his other clients applying for U visas. Niko went to the police station and did as told,
stating that he was a victim of domestic violence and human trafficking. The police
officer looked at him skeptically and asked Niko what his uncle forced him to do. Niko
started by describing the amount of time he spent doing housework and babysitting his
uncle’s two young children. The police officer cut Niko off and called ICE. ICE officers
came and told Niko that his uncle had already reported that Niko was out of status and
had been threatening his children. ICE handcuffed Niko and issued him a Notice to
Appear. They all scoffed that a young man like him was forced to be a babysitter and
kept asking him, “Who taught you to say that you were a human trafficking victim? Who
taught you to say that so you could stay here in the United States?”
In the examples above, the result of the immigration legal service’s attempt to represent human
trafficking survivors by sending them on their own to a law enforcement agency could result in
confusion on the part of law enforcement at best, or disbelief and discounting the survivor at
worst. Many immigration legal representatives work as a team with law enforcement. In those
cases, it is rare that the attorney would send a client to local or federal law enforcement on their
own to report a case of human trafficking. In some cases, the law enforcement agent or officer
decides not to complete the LEA certification or delays completing the certification for reasons
specific to that department’s policies or assessment of the case. Fortunately, for purposes of a
T visa, the absence of a LEA certification does not preclude the filing of a T visa, as discussed
further in this manual.

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PRACTICE POINTER: Ensuring a coordinated response through a team-based approach.

Unlike most areas of immigration law practice, representing human trafficking survivors requires
a coordinated response among law enforcement, case managers, health care providers, and
different types of legal representatives. It is extremely difficult to effectively serve human
trafficking survivors in a vacuum. A team-based perspective to serving human trafficking
survivors is vital to this area of immigration practice but goes beyond the scope of this manual.
For more detail about team-based approaches in human trafficking cases, see the ILRC manual,
Representing Survivors of Human Trafficking: A Promising Practices Handbook available at
[Link]. See also Chapter 12 of this manual for more information on the myriad practical

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considerations around housing, case management, civil cases and more that arise in human
trafficking cases.

§ 2.2 Considerations before a Trafficking Survivor Is First Encountered

A new trafficking case may be very resource-intensive, and your agency should be realistic when
staffing a case. If the survivor is in the emergency or crisis stages, you will have to take into
consideration that, for all practical purposes, your time will be wholly occupied by this new client
for the next several weeks. Your capacity for accepting new clients, cases, or tasks will be
severely curtailed. Moreover, if you have already scheduled meetings, hearings, or other events
for this same time-period, these may need to be rescheduled or re-assigned to other staff until the
client is out of their emergency or crisis phase. These dynamics can create a great deal of tension
within your agency, but you can try to preempt or minimize the negative repercussions by
preparing your agency before a trafficking case arises. Being in consensus about who will staff a
case, how existing or future cases will be handled, etc., is critical since the last thing you want to
deal with while you are in the middle of a trafficking case is conflict within your own agency.
Some clients will come to you after having already achieved some stability in their lives. They
may not be in need of shelter and other emergency services. Nonetheless, many issues may arise.
You must determine the scope of the services that you will be provide to trafficking survivors
clients and be able to communicate this to them. Your agency should have a predetermined range
of services that you are able to provide to eligible clients in trafficking cases and which are
clearly understood by the other agencies and entities that are a part of the anti-trafficking
network. One tool you should use to clearly delineate the scope of services you will provide is a
written service agreement, such as an attorney-client agreement, that lays out the details of what
you will be doing for a client, what you expect of a client, what a client can expect of you, and the
terms of this relationship. For example, you may want to emphasize what would make you
terminate your services, such as a client who fails to cooperate with their case, or the fact that the
services you are providing will be free of charge until a decision is rendered on the client’s
application for a T visa with follow-up services available on a sliding scale, etc. See Appendix B:
Sample Attorney-Client Retainer Agreement. If you are agreeing to represent a spouse,
sibling, or other derivative of the primary client, you should strongly consider also having a form
that details the joint representation, including possible options if a conflict arises between the
primary client and the derivative. See Appendix C: Sample Joint Representation Disclosure
and Consent Form. You may also want to be specific about the scope of legal work, that you

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may not necessarily be assisting your client with both the T visa and adjustment, and your ability
to serve them, especially for either free or a reduced amount, based on where they live.
Also critical are documents that cement the way that you will communicate with other agencies
that are also providing services to the same client, such as a written inter-agency agreements that
outline which agency is responsible for which services, and that allows you to exchange
information with the agencies that are a part of the service team. A written agreement between
you and the client that allows you to obtain and release information to further the interests of the
client should be a part of your service agreement. See Appendix D: Release of Information
Form.
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It is very useful to establish in advance a set of protocols for responding to human trafficking
cases when a survivor is identified by law enforcement or non-law enforcement. If a roadmap and
rules are created in advance, the chances of someone falling through the cracks and/or of
miscommunication are minimized. These protocols also allow your agency and partner agencies
to clearly define role and responsibilities.
The myriad of interviews and intakes can be confusing, duplicative, and exhausting to the
survivor. For this reason, it is best to identify all of the internal and external partners involved in a
trafficking case (the team) and have an agreement among all parties as to the process and priority
for conducting intakes after a law enforcement identification of survivors. Even with an
agreement, someone will need to be in charge of coordinating the logistics of intakes, making
sure as much as possible that the survivors understand why they are being asked the same or
similar questions more than once. Coordinating logistics also means arranging times for various
intakes. As a legal advocate, ideally you would be present during the first interviews with the
survivors in order to assess legal rights and remedies from the very beginning. You may believe
that someone is a survivor with legal rights, while your law enforcement partner may not see the
person as a human trafficking survivor.
Example: The holiday weekend was fast approaching when Annie Advocate received a
call on her cell. Remember when we talked about the hypothetical raid that might
uncover a few victims? asked the federal prosecutor. Well, it was no hypo, it’s real, it’s
happened, and we actually have a little over a dozen women and girls in custody right
now. How soon can you and your colleagues be available to start the interviews? Annie
was speechless as her mind started to tick off the list of tasks that she’d need to get
rolling immediately to address a case this big: She needed to call the designated leads for
language/cultural support, legal intake, housing coordination, and case management to
alert them of the situation and to start rounding up the necessary staff that would be
critical to handling such a large number of potential survivors. Someone would need to
get the supplies ready for a multi-day intake process: food and drinks for the staff, multi-
lingual informational cards for the potential survivors, intake forms, a laptop to keep all
the information organized on-site, the list went on. Annie started peppering the
prosecutor with questions. Do you have a list of the languages spoken by the survivors?
And how many are minors versus adults? And when and where can we meet them? The
federal prosecutor let out a breath over the phone before she responded. Okay, here’s
what I know.…

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Less than 24 hours later, Annie and other members of the Anti-Trafficking Task Force
are driving in a caravan of cars to the detention site where the authorities have the women
and girls housed. As they exit their cars and walk towards the entrance, they call a quick
meeting, so they can review their “script,” which includes an explanation of who they
were, what they are doing, and why they are present. They confirm again the procedures
that they have agreed to follow for the intake and review process to go smoothly, assign
teams of interviewers composed of a case manager to conduct a social services needs
assessment and language support if needed, and confirm the shift assignments and break
times. A moment of tension arises when several of the case managers state that they have
their own written materials to hand out, but they get through it by explaining the fact that

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the coalition of service providers had agreed to use the materials created by the coalition
and that in order to keep all the information consistent for survivors, they should stick to
this agreed upon plan. When Annie looks up, the federal prosecutor is walking towards
them with her team of agents, a clipboard gripped in her hands, and a tired but welcoming
smile on her face. Thanks for being here. I’ll show you where I have some rooms set
aside for your group. Please make sure you all wear your ID badges at all times on these
premises. Let’s get started.

§ 2.3 Safety Concerns

Your agency may also want to review your internal safety protocols when a new trafficking case
begins. The universe of anti-trafficking advocates and service providers is relatively small. Your
staff may have memorable or unique surnames that make them easy targets to locate online or
that make their personal or work information easily discoverable. You should review the safety
concerns of your staff and discuss reasonable and practical ways of minimizing potential safety
risks, such as:
• Having a code word that the front desk or receptionist may use to signal for help if there
is a suspicious individual(s) attempting to seek entry to your workplace
• Locking office doors after, or even during, work hours and having a buzzer system in
place to allow secure entry and exit of office staff
• Having a post office mailing address for all communications instead of using your
office’s physical location
• Avoiding having full names of staff listed online and reminding staff to keep their home
contact information private
• Ensuring that private information for all staff is kept private and not shared with anyone
outside of the office, including clients, opposing counsel, etc.
• Using a buddy system so that no staff person is ever left in the office alone or forced to
exit the workplace after dark alone

PRACTICE POINTER: Assessing the possibility of re-traumatization or secondary trauma.

Before taking cases or working on cases involving trauma survivors, you should assess your
susceptibility to re-traumatization or secondary trauma. If you or your staff have survived a
traumatic experience, exposure to a client with trauma may re-traumatizing. Repeated exposure to

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trauma can increase the possibility of experiencing secondary trauma. Certain types of cases may
have more effect than others. For some, cases involving children have more of an impact.
Although this does not mean you cannot or should not take a trafficking case, you may want to be
extra sensitive to the effects on you of working on the case. Put in place self-care procedures
early, and consider working with a colleague on the case, so that if you need to step out or away
there is someone else who can take over.
This type of assessment requires self-honesty. It is better for you and your client to determine
your limits on working on these cases in advance. It is no different from assessing potential
conflicts of interest. Ultimately, it will benefit you, your client, and future cases.
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For more information on secondary trauma and self-care, see Chapter 13 of this manual.

§ 2.4 Protecting Shelter Anonymity

The success of domestic violence shelters has been the strict enforcement of rules regarding
nondisclosure of shelter locations. For some human trafficking cases, the anonymity of shelter is
crucial. Human trafficking is a crime committed not only by individuals but also large criminal
organizations. In many cases of human trafficking, the traffickers are well-organized and ruthless.
The minimal value they place on human life is obvious from their willingness to buy and sell
human beings. Thus, anonymous shelters are vital to the safety of some survivors.
State and federal laws protect shelter anonymity and what type of actions may be enforced at a
shelter. Both the 1984 Family Violence Prevention and Services Act (FVPSA) and the 1994
Violence Against Women Act (VAWA) bar any shelter, rape crisis center, domestic violence
program, or other victim service program that receives its funding from disclosing any
information to anyone about a victim receiving services, including information about the location
of the victim. 2
Enforcing shelter anonymity may be especially critical in cases where your client may be at risk
of detention by ICE or the police due to some misunderstanding.
Example: Lali connected with a confidential domestic violence shelter where she went to
stay. At the shelter, she met a caseworker who spoke her language. She began to divulge
why and how she had come to the United States, and how her trafficker, a diplomat, was
looking for her. The diplomat called the Department of State, who asked ICE to assist in
finding the supposed “domestic worker that had made death threats, stole $5000 in
jewelry, and ran away.” Before the shelter could connect Lali with an attorney, Lali
received a call on her cell phone from the diplomat and an ICE agent. Lali gave the phone
to the caseworker at the shelter, and the diplomat and ICE demanded to know the shelter
location so they could come “talk” to Lali.

2
Family Violence Prevention and Services Act (“FVPSA”) Pub. L. No. 98-457, § 303(a)(2)(E), 42 USC
§ 10402(a)(2)(E) (1984). In California, California Penal Code 273.7 explicitly makes it a misdemeanor if
anyone “maliciously publishes, disseminates, or otherwise discloses the location of any trafficking shelter
or domestic violence shelter or any place designated as a trafficking shelter or domestic violence shelter,
without the authorization of that trafficking shelter or domestic violence shelter.”

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VAWA confidentiality laws prohibits immigration enforcement actions at specified locations,

including but not limited to domestic violence shelters, rape crisis centers, victim services
program, family justice center, courthouses where an individual is appearing for a civil or
criminal case related to domestic violence, sexual assault, trafficking, or stalking. 3 Any
immigration enforcement action at these locations must be disclosed as a fact in the Notice to
Appear and in immigration court proceedings, and must certify that such action did not violate
§ 384 of IIRIRA (hereinafter referred to as “enforcement limitations”). 4 VAWA 2005 also
extended other VAWA Confidentiality and Immigrant Victim Safety Protections to eligible T-
visa applicants. 5

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Although it may be frustrating for members of the trafficking team to have no information on the
exact location of a client or witness, the rules of nondisclosure of a shelter’s location must apply
to the team as well. Arrangements to meet with a client can be made through the case manager,
and correspondence can be routed through the shelter program’s post office box or main office
address. In cases of insistence by law enforcement that it have the location of the survivor, the
response should be to insist, as in domestic violence cases, that this information remain
confidential. In time, this can become an accepted and expected practice.
Example: As the first interview between Shiori’s client and law enforcement personnel
concluded, the FBI agent directed the client to write down her address where she was
currently living. When Shiori reminded the agent that she was staying in a confidential
location that could not be divulged, the agent was dismissive and ordered the client to
provide her address. Immediately, Shiori interrupted: As you know, she is residing in a
domestic violence shelter. The shelter’s location is confidential, but you can always reach
her through me—you have my cell phone number, my email, and my work phone number.
Shiori tried levity to break the increasing tension, joking that she was sure the FBI really
wouldn’t want her to commit a criminal act by divulging the address of a confidential
shelter. The agent found Shiori’s attempt at wit undesirable to say the least. The agent’s
eyes widened, and her voice was an explosion of incredulity and frustration: We can’t
just have her on the loose, not knowing where she is! We need to know her exact location,
for her own safety! She’s still a flight risk as well, and we can have her designated as a
material witness and detained in custody if you would prefer!
The tension in the room was increasing, and Shiori’s client looked frightened at the
escalation of the discussion. Shiori asked her to have the prosecutor join the discussion
and repeated that she was confident that they could find a workable solution that would
satisfy the prosecutor’s need to account for her client’s whereabouts without compelling
anyone to give up the location of the shelter. Subsequently, Shiori offered, and the
prosecutor and agent accepted, a scheduled daily telephone call that they could have with

3
8 U.S.C. § 1229(e).
4
8 USC § 1229(e). If these laws are violated by a Department of Homeland Security employee, a
complaint can and should be filed with the Department of Homeland Security’s Office for Civil Rights and
Civil Liberties (CRCL). For more information on the process of filing a complaint, see instructions at
[Link]
5
Violence Against Women and Department of Justice Reauthorization Act of 2005 (“VAWA 2005”), Pub.
L. No. 109-162, Title VIII, Subtitle B, § 817 (2006).

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the agent at the agent’s convenience but continued to state flatly that the location of the
shelter was confidential—even Shiori had no idea what the address was, and she had
been working with the shelter for over six years. As they walked out of the federal
building, Shiori patted her client on the arm and reassured her calmly that no one was
angry with her, her case was not hurt or harmed in any way by this discussion, and that
they had worked it out.
Not all survivors will need to be housed in anonymous shelters for their safety. As noted above,
some may be comfortably placed in transition shelters, religious homes, apartments, and homes of
foster families. These options for housing survivors will not require such rigorous security
Chapter 2

procedures, but all individuals and institutions housing survivors should be aware of any
recommended safety precautions. Some families or agencies may request that correspondence not
be sent to their homes or shelters, but instead be sent to the case manager’s office or a post office
box. Similarly, they may request that their address not appear on any paperwork. In this situation,
the immigration attorney may list their agency’s address for correspondence, and the case
manager’s address as the residence.

§ 2.5 Considerations When a Trafficking Survivor Is Identified

If you become aware of a human trafficking survivor through your own intake with the survivor,
another agency referral, or a referral from a Good Samaritan, find out if there is a local anti-
trafficking coalition or task force with a service provider point person if you haven’t identified
one already. That point person will request basic information about the survivor such as gender,
age, language/culture and safety concerns. The point person will begin to activate the network of
service providers, putting agencies and resource providers on notice of the identification of a new
human trafficking case.
At some point either the point person or you will need to report the trafficking incident to law
enforcement. Please note that it is crucial that if the point person is not an attorney and whose
communications are not protected by an absolute privilege such as the one protecting
attorney/client communications, the point person should conduct only a minimal screening. The
screening as to the facts of the trafficking should be very limited, since case managers are
covered only by very limited confidentiality protections.
More important than screening for facts of the trafficking is assessing the survivor’s needs and
activation of the service providers’ network, as well as identifying qualified interpreters to assist
the team. If the survivor has emergent needs, such as housing or health care needs, the network
should address these first. Simultaneous with the assessment and activation of the services
network, the point person should contact you as legal immigration advocates. You are able to
more thoroughly screen the survivor regarding the circumstances of his trafficking. You can also
inform survivors about any statutes of limitations and resources for other legal representation
(e.g., civil or criminal representation), as well as advocate on behalf of your client.
The point person may choose to contact law enforcement immediately upon identification of a
potential human trafficking survivor, especially in cases where others are being held, where the
survivor or others are in danger, and when minors are involved. Outside exigent circumstances,
you may wish to wait to contact law enforcement and report the trafficking until after you have
had an opportunity to meet with the survivor, establish some level of trust and explain the role of

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law enforcement and the process of reporting to your client. In these circumstances, you have an
opportunity to de-mystify and de-stress the process of reporting the trafficking, which allows the
survivor to feel more comfortable with notifying law enforcement.
This latter process also permits a survivor to decide if and when to report their trafficking to law
enforcement. In a “victim-centered approach” the survivor’s ability to control their life and to
make decisions is crucial. Information is key to that decision, and you as their advocate can
provide detailed information on what to expect from reporting the incident. Remember that you
should not make promises you cannot keep or statements you may have to retract. For example,
you cannot promise your client that they will not have to testify as a witness in a criminal trial.

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While many human trafficking prosecutions end in a plea, some cases do go to trial and do
require the survivor to take the stand and testify. Thus, you can explain the general process, but
avoid making any promises.

PRACTICE POINTER: Separating survivors from traffickers. Traffickers exert significant

emotional and psychological influence over survivors. Some survivors feel obligated to
traffickers, especially in debt bondage situations. Traffickers frequently instill fear and terror in
survivors by harming and/or threatening them, by threatening family members, by isolating and
demeaning them, and by creating an “us” versus “them” scenario. Through this latter control
mechanism, survivors are made to believe that the only people in their present world whom they
can trust are the traffickers themselves. Often the traffickers are from the same community in
their country of nationality, so the traffickers speak the same language, follow many of the same
traditions, and know many of the same superstitions and taboos. Traffickers tell their workers that
the outside world wants to harm the survivors or at the very least will not understand them. Thus,
the survivors are made to both fear and depend on their traffickers.
Because the emotional and psychological ties that bind the trafficker and survivors are very
strong, 6 the team members who first encounter survivors of human trafficking should make sure
that the survivors are separated from their traffickers. Keep in mind that it may be difficult to
distinguish traffickers from survivors, especially when they appear to be in similar
circumstances—perhaps appearing to do the same work, be from a similar background, speak the
same language. The separation should occur as soon as the distinction can be determined.
Observation of the dynamics can assist in not only identifying the traffickers, but also any
workers/survivors who have been assigned responsibility by the traffickers for keeping the others
in line and for reporting to the trafficker the conversations and actions of the other survivors.
Example: The local police department received a tip about five women in a hotel
involved in commercial sex work through on-line advertising. Several vice police officers

6
Note: The Stockholm Syndrome is not uncommon to situations of human trafficking. In her
groundbreaking book, Loving to Survive: Sexual Terror, Men’s Violence, and Women’s Lives, Dr. Dee
Graham, one of the earliest Stockholm Syndrome researchers, identified four characteristics that typify
those suffering from the syndrome: 1) Perceived threat to survival, and belief that the captor is able to carry
out the threat at any time; 2) A captor carries out a small act of kindness, and the captive perceives it as
redemptive; 3) The captive is isolated for a significant amount of time, such that the victim can only see
through the captor’s perspective; 4) Perceived impossibility of escape. See more at
[Link]

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responded to the hotel with two case managers and interpreters. The initial interviews and
assessment determined that the traffickers were not present at the hotel. The women were
taken to a room where the case managers and interpreters began to talk with them. During
the conversations, one of the case managers noticed that four of the five women
frequently looked to the fifth woman before answering. The fifth woman would speak to
the others in a very low voice or eye the others meaningfully. The case manager
immediately stopped the process, contacted the officers and asked that the fifth woman be
removed from the room. Unfortunately, it was too late. Even after the fifth woman was
removed, the other four became less talkative and insisted they were working voluntarily.
The case managers provided rights and resource information to the remaining four
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women, before leaving the premises.

In the above example, the separation of the woman in charge did not occur before she was able to
scare or warn the others not to talk. Sometimes it is difficult to identify the person in charge,
especially if they are a worker themselves. In these cases, information from undercover
operations may make the process easier. Otherwise, observation of group dynamics may be the
only clue. Even though the person in charge may be a survivor themselves, they should be
separated from the other survivors. They should be provided services as a survivor, but should be
assisted separately, housed separately and not allowed to interact with other survivors in order to
prevent their exercise of influence over the others.

§ 2.6 Reporting to Law Enforcement

If your client has not already been in contact with law enforcement, the decision to report a
trafficking incident to law enforcement will ultimately be your client’s decision. Many clients are
fearful or concerned about reporting the incident. Traffickers use the threat of detention by law
enforcement as a mechanism to control the survivor. Some of your clients only want out of the
trafficking situation, but do not want to get the trafficker in trouble, especially if the trafficker is a
respected person in their community, the trafficker is family or a family friend, or your client is
fearful of retaliation to themselves and/or family members.
When you discuss reporting the trafficking incident to law enforcement with your client, explain
that human trafficking in the United States is a crime, that the U.S. government including the
police wants to prevent this from happening to others, and that the criminal process (investigation
and prosecution) may be very different in the United States than in the survivor’s country of
origin. Explain the process and differentiate between criminal, civil, and immigration processes,
and that they may affect each other. Let your client know that they are being asked to help law
enforcement. Do not make promises over which you have no control, for example that the case
will settle and they will not have to testify or that they are only a victim/witness and will not be
charged themselves.
There will be survivors who will not want to report their trafficking, for a variety of reasons—
fear, a sense of obligation, or a desire not to be involved in a legal proceeding, are just some of
these reasons. There will also be cases that may pose significant risks to survivors if the
trafficking is reported to law enforcement. You will want to discuss these risks with your client
and respect their decision to report or not report their trafficking to law enforcement. Let them
also know the effect of lapsed time in reporting—the ability for a client to pursue certain legal

16 Chapter 2
 Tab Position 1
T Visas
November 2018

remedies or see certain outcomes may be affected by their willingness to report a case later (e.g.,
one year from now versus reporting one month from now).
If your client chooses to report the incident, the next step is to contact local or federal law
enforcement. At this point you will need to decide which law enforcement agency to contact and
how to contact that agency. If your area has a local anti-trafficking task force, it may be that the
task force has designated a point person who will triage the case and forward it to the appropriate
law enforcement agency. If not, then you may decide to contact the law enforcement agency most
familiar with human trafficking cases in your area. If you have an established relationship with
the U.S. Attorney’s office or FBI or local police department human trafficking unit, then you may

Chapter 2
feel most comfortable reporting the case to that agency. You may want to report to civil law
enforcement instead of criminal law enforcement, especially since certain agencies such as the
Department of Labor and Equal Employment Opportunity Commission have the ability to certify
certain immigration visas and take legal action against the traffickers as well. Unless the case has
already been reported to a law enforcement agency and you want to continue to work with that
agency, it might make sense to report cases consistently to the agency most familiar with human
trafficking cases and/or with which you have a professional relationship. You also need to
understand the protocols of reporting cases based on the jurisdiction of where the criminal
activity may have occurred. If you are working with a client in Connecticut, for example, but the
crime occurred in Houston, Texas, you may want to ask your local task force contacts or national
networks (such as members of coalitions like the Freedom Network) 7 for law enforcement
contacts in Houston.
The method for reporting cases may vary. The agency may have a form it needs completed and
sent by facsimile or email. If you have developed a working relationship with a law enforcement
agency, you might be able to pick up the phone and call to report the incident. If possible, create a
short letter with very minimal information to report the trafficking incident. See Appendix E:
Initial Letter to Law Enforcement.
If you do report the trafficking incident in written form (email, facsimile or letter), remember to
keep the information minimal. Law enforcement is required to turn documents over to the
attorney for the accused and many of these documents may also be turned over in civil discovery,
so you will want to avoid unnecessary information. Because of this, currently, in San Francisco,
preliminary law enforcement reports are made by telephone calls by the attorney to the officers or
agents briefly summarizing the case. The attorney then sends an email and/or letter to the law
enforcement individual memorializing and tracking that the report was made to set up an
interview with the client if law enforcement is interested in the case. If law enforcement on the
telephone declines to interview the case, the email and/or letter will contain further details
tracking that a report was made. This is to help support evidence later in an immigration T visa

7
Freedom Network USA ([Link]) is a national alliance and the largest coalition of
experts and advocates providing direct services to survivors of human trafficking in the United States. They
influence federal and state policy through action and advocacy, develop policies, procedures and programs,
work directly with survivors, increase awareness of human trafficking, and provide training and technical
assistance.

Chapter 2 17
 Tab Position 1
Immigrant Legal Resource Center
November 2018

application and for records that a report to law enforcement was made without over-divulging in
details

§ 2.7 Intake
You will need to assess the practical needs of the client: what do they need and when do they
need it? A natural follow-up question is whether these needs can be met by your agency or if
alternative resources are needed. Many agencies have created a modified intake form that is
specific to trafficking cases and clients to answer these preliminary questions. This intake form
likely already includes a list of the eligibility criteria and whether or not a potential client meets
Chapter 2

these criteria. The intake form also probably incorporates an assessment of the potential client’s
needs and matches those needs to the services provided by the agency. We would strongly
suggest modifying the intake form for any potential trafficking client to minimize the amount of
detailed narrative. In other words, make the intake form more of an eligibility and needs
“checklist” rather than an in-depth narrative report.
There are multiple reasons for this recommendation. The details that a trafficked person can
provide about their trafficking situation may, and often do, change as time passes. They may not
remember clearly at first, or they may start to recall more details more accurately later on. For
many reasons, the story can change. Therefore, you do not want to have in-depth details in the
very first intake, especially if the intake is conducted by a non-attorney who does not have a
legally privileged relationship with the client and whose work product may be discoverable in a
legal proceeding. This kind of potentially contradictory information can be used by traffickers in
a legal proceeding to impeach the survivor’s credibility or can even be used by law enforcement
to question your client’s truthfulness or cooperation. You also may not want to dig so deeply into
a survivor’s experience, which is typically extremely traumatic, in your preliminary interview.
You need some information that is critical to determining if the individual is a trafficked person
and if they can be assisted by your agency, but there are ways of obtaining that information in a
less traumatic fashion.
A sample of a preliminary intake form is attached as Appendix F: Intake Forms. Any in-depth
intake questions would then be asked and answered by an attorney in a follow-up interview using
an intake form designed specifically for a longer and more detailed follow-up consultation with
the client, thereby protecting the confidentiality of those details for the benefit of the client. See a
sample legal intake form and sample immigration intake form at Appendix F: Intake Forms.
For more in-depth interviews with a potential survivor, you may find it useful to have a
trafficking questionnaire prepared to cover the key elements that will determine if the individual
might qualify for trafficking-related legal relief. See Appendix G: Sample Trafficking
Questionnaire. Please again note, however, that this type of in-depth information gathering
should be conducted by an attorney in order to protect the confidentiality of the information
collected.

§ 2.8 Working with Trauma Survivors

Disasters and violence can cause persons to experience psychological trauma. Living through or
witnessing natural disasters such as earthquakes, wildfires, tornadoes, floods, hurricanes, and heat
waves can potentially cause psychological trauma. Even more powerful is experiencing or

18 Chapter 2
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