T derivative family relationships assessed at favorable adjudication
Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix
Policy effect
From October 20, 2021, USCIS applied the Medina Tovar decision nationwide to qualifying family relationships in T nonimmigrant-status applications. For a spousal or stepparent-and-stepchild relationship between a principal T applicant and a qualifying family member, USCIS assessed whether the relationship existed when the principal application was favorably adjudicated, rather than when it was filed. Other T-status eligibility requirements remained applicable.
Conditions and exceptions
Validated condition or limit: Other T-status eligibility requirements remained applicable.
Official source excerpt
Quoted verbatim from the official source below. Ellipses indicate omitted text.
… between the original victimization and the applicant’s continuing presence in the United States when evaluating the physical presence eligibility requirement. 3 • Clarifies how USCIS evaluates involuntary servitude claims, including conditions of servitude induced by domestic violence, as well as victimization that may occur during a voluntary smuggling arrangement. • Clarifies how USCIS defines the term “harboring,” an enumerated action under the federal definition 4 of severe form of trafficking in persons. • Explains that USCIS is adopting the decision issued by the Ninth Circuit in Medina Tovar v. Zuchowski, a case involving adjudication of petitions for U nonimmigrant status, for nationwide application in the adjudication of applications for T nonimmigrant status. 5 Therefore, when evaluating a spousal or stepparent and stepchild relationship between the principal T nonimmigrant applicant and a qualifying family member, USCIS evaluates whether the relationship existed at the time the principal application was favorably adjudicated, rather than when the principal application was filed. • Clarifies that principal T nonimmigrants seeking to adjust status may present their Arrival/Departure …
U.S. Citizenship and Immigration ServicesPOLICY ALERT - T Nonimmigrant Status for Victims of Severe Forms of Trafficking in PersonsOpen official source
Retrieved from https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20211020-VictimsOfTrafficking.pdfReview method
Two separate automated exact-claim source reviews
Automated source validation is not independent human legal review. The finding should not be treated as legal advice. Record fcp-ce509eeecfba9e1a2726. Something wrong? Flag this record.
Other United States changes operative in 2021
- 2021-01-19DHS and DOJ finalize third-country transit asylum bar
- 2021-01-20Memorandum on Reinstating Deferred Enforced Departure for Liberians
- 2021-01-30Suspension of Entry for Travelers from Republic of South Africa
- 2021-03-012008 civics test restored with a transition for recent applicants
- 2021-03-09DHS removes 2019 public charge regulatory text after vacatur
- 2021-03-22DHS extends temporary asylum interview interpreter rule
- 2021-04-16President revises FY2021 refugee admissions allocations
- 2021-04-27Deference restored for qualifying petition-extension decisions
- 2021-05-03President raises FY2021 refugee admissions ceiling to 62,500
- 2021-05-14President revokes immigrant health-insurance entry restriction
- 2021-05-19regulatory text restored to appear as it did before the October 2020 IFR
- 2021-06-09Initial and renewal work permits for adjustment applicants extended to two years
- 2021-06-14Bona fide review introduced for work authorization while U petitions are pending
- 2021-06-16Attorney General Vacatur of Matter of A-B- and Matter of L-E-A-
- 2021-07-15Attorney General Overruling of Matter of Castro-Tum and Restoration of Administrative Closure (Matter of Cruz-Valdez)
- 2021-07-20Repeated status-maintenance applications removed during eligible F-1 requests
- 2021-07-26Attorney General Vacatur of Matter of A-C-A-A- I (Matter of A-C-A-A- II)
- 2021-07-30Military civil-surgeon designation expanded for certain Afghan visa applicants
- 2021-08-03New 2021 Haiti TPS designation expands eligibility
- 2021-08-04Extension of Initial TPS Registration Periods for Venezuela, Syria, and Burma
- 2021-08-05implementing DED for Hong Kong through February 5, 2023
- 2021-08-05Legal-parent recognition expanded for children born abroad
- 2021-08-122019 discretionary work-authorization guidance for parolees rescinded
- 2021-08-12Temporary four-year validity allowed for qualifying medical reports
- 2021-09-20DHS further extends asylum interview interpreter rule
- 2021-10-01COVID-19 vaccination required for immigration medical exams, with waivers
- 2021-10-01President sets FY2022 refugee admissions ceiling at 125,000
- 2021-11-08COVID-19 geographic entry restrictions ended
- 2021-11-08COVID-19 vaccination condition for nonimmigrant air entry
- 2021-11-12Any qualifying service period may support wartime military naturalization
- 2021-11-12Automatic EAD renewal extension extended to qualifying H-4, E and L spouses
- 2021-11-12E and L dependent spouses recognized as work-authorized by status
- 2021-11-29Suspension of Entry for Noncitizens Present in Southern African Countries
- 2021-12-09Medical-report signature timing rule temporarily waived
- 2021-12-13Temporary interview waivers for qualifying repeat immigrant-visa applicants
- 2021-12-31Southern Africa COVID-19 entry restriction ended