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* T-visas

* Identifying Trafficking

I am not sure if my client is a trafficking victim. What should I be looking for?

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* Inadmissibility and Unlawful Presence

Is an I-192 (Inadmissibility Waiver) required if my client is not inadmissible but has accrued unlawful presence and has not left the U.S. since before unlawful presence accrued?

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* Derivative Family Members Outside the U.S.

My client just received a T-Visa. Her children, who also received T-visas as derivatives, are outside the U.S. What do I do next to facilitate the children's entry?

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Historical Trafficking Cases

I am working with a trafficking victim who was trafficked several years ago. The investigators say that the statute of limitations has passed. Can my client still be certified?

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* Non-derivative Family Member Eligibility

What if a family member of a trafficking victim does not qualify as a T-visa derivative (which is only available to a spouse, and children under 21, and certain parents and unmarried siblings under age 18) and is significant danger in the home country?

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* Order of Removal

My client has a final order of removal. We have filed her T-visa. What do I do now?

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* Adjustment and Pending Derivatives

What if a T-visa approved derivative has not arrived in the U.S. and it is time for the principal (and derivative to adjust to lawful permanent residence)?

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* Reporting a Trafficking Case

I believe that my client is a trafficking victim and s/he wants to report the trafficking to law enforcement. My client is undocumented and I am worried that if we approach the wrong person, that person will be unfamiliar with trafficking and she will receive a Notice to Appear in immigration court and/or be taken into immigration detention. What should I do?

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* Continuous Presence and Adjustment

For people who have had T-visa status for over three years while the adjustment rule was pending, do they have to demonstrate continuous presence for the most recent three years before filing to adjust or the entire duration of T-status?

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* Accruing Three Years and Continued Presence

I read the Immigration and Nationality Act section 245(l)(1)(A) to say that continued presence counts towards the three years required before a T-visa holder can apply for adjustment of status (for lawful permanent residence). If my client does not qualify under the exception to the three year rule for those with a complete investigation or prosecution, can my client apply for adjustment of status before accruing three years in T-visa status?

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* Appeal

A new client came to me after s/he had her first T-visa application denied. Can I appeal?

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* Local Law Enforcement and Continued Presence

I am working with a local law enforcement agent who thinks he cannot request continued presence for my client. How should I direct him?

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* Timing the T-Visa with a Prosecution

The prosecutor has asked me to wait on filing the T-visa until the prosecution is complete. What should I do?

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* Certification and Working with Law Enforcement in a Pending Prosecution

I am working with a prosecutor who does not want to sign a T-visa certification because s/he is worried about how it will be used against the prosecution in court. Alternatively the prosecutor is saying s/he will sign the certification after the prosecution is complete. What should I tell the prosecutor?

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* Law Enforcement Certification and Immigration Consequences

The law enforcement officer does not want to sign the certification because s/he doesn’t feel he knows everything s/he needs to know and is worried about him vouching for an undocumented person who might go back to an exploitative situation or commit a crime down the line. The officer is concerned that if s/he signs the certification, s/he is helping keep this person in the U.S. when maybe the person should not be allowed to stay.

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