Victims of Trafficking and Criminal Activity can get Residency ("Greencard")

USCIS published a rule that allows for certain victims of severe trafficking and crimes (specifically "T" and "U" nonimmigrants) to apply to adjust their status to lawful permanent residents (Greencard).

The “T” visa is a nonimmigrant classification for people who are victims of a severe form of human trafficking.

The “U” visa status is a nonimmigrant classification for victims of certain crimes who are willing to assist the government officials in the investigation of the criminal activity.

USCIS provided guidance in its December 8, 2008 press release stating:

"In order to apply for adjustment of status, a nonimmigrant currently within the “U” visa status must have been physically present in the United States for a continuous period of at least three years since the date of admission. Nonimmigrant individuals in the U.S. under a “T” visa status are required to have three years of continuous presence in the United States or a continuous period during an investigation or prosecution of the acts of trafficking. Nonimmigrant individuals holding a “T” visa will also need a certification from the Attorney General stating that the investigation or prosecution is complete.

"Both “T” and “U” nonimmigrants must be in valid nonimmigrant status at the time of application. USCIS can adjust the status of up to 5,000 “T” visa holders annually. This cap does not apply to family members of the principal “T” nonimmigrant status holder. There is no numerical cap on adjustment of status for “U” nonimmigrants."

This is good news for many U and T nonimmigrants who now have concrete guidance to apply to gain permanent status in the United States.

Ricky Malik
Attorney at Law
Greencard@mail.com
www.rmlegal.com