New Rules for Work Experience for Special Religious Workers

Introduction

In a decision issued by the U.S. Court of Appeals for the Third Circuit in Shalom Pentecostal Church v. Acting Secretary DHS, 783 F.3d 156 (3d Cir. 2015),[1] held that United States Citizenship and Immigration Services (USCIS) had exceeded its authority in enacting regulations found in 8 C.F.R. sections 204.5(m)(4) and (11). In response, USCIS released an important policy memorandum on July 5, 2015, titled Qualifying U.S. Work Experience for Special Immigrant Religious Workers.[2] The judicial holding, in conjunction with the memorandum to make USCIS regulations consistent with Shalom Pentecostal Church v. Acting Secretary DHS, make it easier for many of those hoping to gain classification as special immigrant religious workers to meet the work requirements in order to qualify.

The Old Rules

In order to successfully obtain a special immigrant visa for religious work, an applicant must first obtain classification as a religious worker by filing, and having approved, a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.[3] In order to file a Form I-360, applicant must have spent the 2 years previous to filing engaged in work with a qualifying religious organization. Prior to the judicial holdings and the new policy memorandum, USCIS regulations required that the 2 years of religious work experience must be authorized employment if it had occurred in the United States. If any of the employment was unauthorized, the applicant would be ineligible for classification as a religious worker, and consequently ineligible for adjustment of status. However, the Third Circuit held that the regulation in question was inconsistent with section 101(a)(27)(C) of the Immigration and Nationality Act (INA). Firstly, the statute itself contained no provision that if any of the religious work had occurred in the United States, it could not be unauthorized employment. Secondly, Third Circuit also held that the offending regulations were impermissibly in conflict with sections 245(i) [allowing adjustment of status for certain aliens who had engaged in unauthorized employment] and 245(k) [certain aliens may work without authorization for up to 180 days and remain eligible for adjustment of status] of the INA. The court also held that the offending regulations were impermissibly in conflict with sections 245(i) [allowing adjustment of status for certain aliens who had engaged in unauthorized employment] and 245(k) [certain aliens may work without authorization for up to 180 days and remain eligible for adjustment of status] of the INA. Ultimately, the court held that the Department of Homeland Security had exceeded its legal authority (ultra vires) in making regulations that were impermissibly in conflict with those established by Congress.

The New Rules

USCIS released the new memorandum on July 7, 2015, to bring its regulations in line with Shalom Pentecostal Church v. Acting Secretary DHS. Going forward, this means that merely because some or all of the requisite religious work experience was unauthorized does not affect an applicant's eligibility for classification as a religious worker when filing the Form I-360. However, while the USCIS regulations prohibiting any unauthorized religious-work experience are now null and void, unauthorized employment may still render an applicant ineligible to subsequently adjust status section 245 of the INA. Furthermore, accrual of unlawful presence may still trigger 3 or 10 year inadmissibility bars or the permanent bar of inadmissibility if the alien departs from the United States.

What does the Memorandum Mean for Religious Worker Classification?

A religious worker seeking to fulfill the requirements of an approvable Form I-360 should seek employment authorization rather undertake the risk of triggering still-applicable immigration issues stemming from unauthorized employment and unlawful presence. However, religious workers who did complete any part of their 2-year religious work requirement by engaging in unauthorized employment should consult with an experienced immigration attorney to determine whether it will be possible to subsequently adjust status after obtaining classification as a religious worker.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

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[1] Follow link to download PDF of the decision. Retrieved on August 10, 2015 at http://www2.ca3.uscourts.gov/opinarch/134434p.pdf
[2] Follow link to download PDF of the Memorandum. Retrieved on August 10, 2015 at http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2015/2015-0705_Lawful_Status_PM_Effective.pdf
[3] Follow the link for the USCIS page on the Form I-360

Lawyer website: http://myattorneyusa.com

Citizenship from Birth for Certain Children of U.S. Citizen Parents Born Abroad

INTRODUCTION

In the majority of situations in which a child is born outside of the United States and one or both of his or her parents are U.S. Citizens, the child will be a U.S. citizen from birth. This article will look at the situations in which children born to U.S. citizen parent(s) abroad are entitled to citizenship from birth, and explain how parents in these situations may go about obtaining proof of their child's citizenship. In any scenarios when the parents are unsure if they will transmit citizenship automatically, they should consult an experienced immigration practitioner if there is any possibility that they may deliver a child abroad.

Please note that this article generally provides rules for when children born abroad to U.S. citizens are U.S. citizens from birth now. For people in some of these scenarios born before November 13, 1986, their claims to citizenship from birth would be evaluated under the statutes that were in force at the time. This article will note some of those cases where it is also applicable to the issue concerning this article, but it is not intended to be a guide for them.

SCENARIOS IN WHICH A CHILD BORN TO U.S. CITIZEN PARENT(S) ABROAD IS A CITIZEN FROM BIRTH

PARENTS ARE MARRIED AND AT LEAST ONE PARENT IS A U.S. CITIZEN

Under current law, a child who is born to married parents and one or both parents are U.S. citizens; the child is a U.S. citizen from birth in the following scenarios:

• When both parents are U.S. citizens, the child shall be a U.S. citizen from birth provided that at least one of the parents has had a residence in the United States, or one of its outlying possessions (American Samoa and Swains Island),[1] prior to the birth[2] or 
• When one parent is a U.S. citizen who has been physically present in the United States or one of its outlying possessions for a continuous period of at least one year prior to the birth, and the other parent is a U.S. national;[3] or 
• When one parent is an alien, and the other parent is a U.S. citizen who, prior to the birth, was physically present in the United States for at least five years (need not be consecutive) with at least two years having occurred before the U.S. citizen reached 14 years of age. This time includes periods of honorable service in the United States Armed Forces and periods of employment overseas with the United States Government or with certain international organizations.[4] This period also includes time that the U.S. citizen parent spent as a dependent of a person serving honorably in the United States Armed Forces or working overseas for the United States government or certain international organizations. These provisions are applicable to all persons born on or after December 24, 1952.[5] 

Pursuant to statute, "physical presence" is determined based on what the laws were for physical presence at the time of the birth.[6] Thus, for any birth occurring overseas now, the above rules on physical presence are the requirements. However, for births occurring between December 24, 1952, and November 13, 1986, the physical presence requirement is 10 years physical presence with at least 5 years occurring after the age of 14.[7] If the parent was naturalized as a U.S. citizen, time before and after naturalization may count in determining physical presence toward 5-year physical presence requirement.[8]

Normally, persons born in American Samoa or Swains Island are U.S. nationals at birth rather than U.S. citizens. However, there is a special provision for children born to a U.S. citizen parent in one of the two U.S. outlying possessions:

• When one parent is a U.S. citizen and has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth.[9] 

PARENTS ARE UNMARRIED AND ONLY MOTHER IS A U.S. CITIZEN

Under current law, children who are born to unmarried parents, with the mother being a U.S. citizen, are U.S. citizens from birth under the following scenario:

• The mother is a U.S. citizen who has been physically present in the United States or one of its outlying possessions for a continuous person of at least one year (the father in this scenario is not relevant to whether the child inherits his or her mother's citizenship).[10] 

PARENTS ARE UNMARRIED AND ONLY FATHER IS A U.S. CITIZEN

The scenario is a bit more complicated if a child is born to unmarried parents and only the father is a U.S. citizen. For all scenarios where a child is born overseas, "presumption of alienage" for persons born outside of the United States that the child's parents must overcome.[11] This can be especially difficult in scenarios where the child's mother is not a U.S. citizen and the child's paternity cannot be easily ascertained. In order for the child to be a U.S. citizen from birth under this scenario, the following must be true:

• The blood relationship between the child and U.S. citizen father is established by clear and convincing evidence,[12] 
• Father was a U.S. citizen at the time of birth,[13] 
• Provided that the father is living, he has agreed in writing to provide child support until the child turns 18,[14] 
• And, while less than 18 years of age, the child must be legitimized under law of where he or she lives, and the father must either acknowledge his paternity of the child or the paternity of the child is established by a competent court.[15] 

In cases where the U.S. citizen father is not inclined to cooperate in order to demonstrate that he is the father of a child (such as to establish that the child was entitled to U.S. citizenship from birth), and the non-U.S. citizen mother wants the child to have U.S. citizenship, she should consult with an experienced immigration practitioner who may help her obtain the requisite proof through adjudication that her child was entitled to U.S. citizenship from birth.

SPECIAL CASE: ASSISTED REPRODUCTIVE TECHNOLOGY

In order for a child born using assisted reproductive technology to be a U.S. citizen from birth under the preceding provisions, one of the following must be true:

• The genetic father must be a U.S. citizen; or 
• The genetic mother must be a U.S. citizen; or 
• The genetic mother must be a U.S. citizen and the gestational and legal mother of the child at the time and place of the child's birth.[16] 

In most situations, the parents will likely be required to provide details of the circumstances surrounding the child's conception in order to establish that the child was a U.S. citizen from birth.

ADOPTED CHILDREN

None of the preceding provisions apply to children adopted by U.S. citizen parents abroad.[17] [18]

OBTAINING PROOF OF CITIZENSHIP

In situations where a child is born overseas and eligible for citizenship from birth on account of the citizenship of one or both parents, his or her parents should contact the nearest U.S. embassy or consulate to apply for an FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America.[19] The FS-240 serves as proof of citizenship. Since obtaining an FS-240 is the easiest way to obtain proof of citizenship expeditiously, eligible U.S. citizen parents who anticipate that they may give birth to a child overseas are well advised to ensure that they know the location of the nearest U.S. embassy or consulate.

Parents who return to the United States without acquiring an FS-240 may instead file a Form N-600, Application for Certificate of Citizenship[20] at their nearest United States Citizenship and Immigration Services (USCIS) office.

A child who is lawfully a citizen at birth does not need proof of citizenship in order to be a U.S. citizen.[21] However, failure to obtain documentation that a child born to U.S. citizen parents abroad is a U.S. citizen may lead to complications later when seeking to obtain a U.S. passport or registering for a U.S. school.[22]

Please visit the myattorneyusa.com website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

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[1] The two "outlying possessions" pursuant to 8 C.F.R. § 1101(29) are Swains Island and American Samoa
[2] INA § 301(c)
[3] INA § 301(d)
[4] Defined in section 1 of the International Organizations Immunities Act (59 Stat. 669; 22 U.S.C. 288)
[5] INA § 301(g)
[6] S. Kurzban, Kurzban's Immigration Law Sourcebook: A Comprehensive Outline and Reference Tool (AILA 14th Ed. 2014) 1788, citing; U.S. v. Flores-Villar, 536 F.3d 990, 994-98 (9th Cir. 2008), affirmed by an equally divided court, 564 U.S. __, 131 S.Ct. 2312 (2011) (per curiam) [holding that a father could not transmit citizenship to child under current law requiring 5 years of physical presence in the United States since the law required 10 years of physical presence in the United States when the child was born]
[7] Kurzban 1858
[8] Kurzban 1789
[9] INA § 301(e)
[10] INA § 309(c)
[11] S. Kurzban 1790, citing; 8 C.F.R. ; Matter of Tijerina-Villarreal, 13 I&N Dec. 327, 330 (BIA 1969), citing Matter of A.M., 7 I&N Dec. 332, 336 (BIA 1956) and U.S. ex rel. Rongetti v. Neely, 207 F.2d 281, 284 (7th Cir. 1953); 8 C.F.R. pt. 301; 8 C.F.R. § 341.2(c) [explaining that the burden is on the petitioner to rebut alienage]
[12] INA § 309(a)(1)
[13] INA § 309(a)(2)
[14] INA § 309(a)(3)
[15] INA §§ 309(1)(4)(A)-(C)
[16] Kurzban 1788, citing;
[17] Kurzban 1789, citing; Marquez-Marquez v. Gonzalez, 455 F.3d 548 (5th Cir. 2006); Colainni v. INS , 490 F.3d 185, 197-89 (2d Cir. 2007)
[18] Kurzban 1789, for obtaining U.S. citizenship for children adopted abroad, see instead INA § 322
[19] Follow the link for info from the Department of State regarding Form FS-240s
[20] Follow the link for the USCIS page on instructions for filing Form N-600
[21] Kurzban 1788, citing; U.S. v. Smith-Baltither, 424 F.3d 913, 920-21 (9th Cir. 2005)
[22] "Birth Abroad of a U.S. Citizen," CBP, September 4, 2014 (Retrieved Jul. 28, 2015), available at https://help.cbp.gov/app/answers/detail/a_id/1043/~/birth-abroad-of-a-u.s.-citizen

Sources:

• Kurzban, Ira J. Kurzban's Immigration Law Sourcebook: A Comprehensive Outline and Reference Tool. 14th ed. Washington D.C.: ALIA Publications, 2014. 1788-90, 1853, Print. Treatises & Primers.
• "Birth Abroad of a U.S. Citizen," CBP, September 4, 2014 (Retrieved Jul. 28, 2015), available at https://help.cbp.gov/app/answers/detail/a_id/1043/~/birth-abroad-of-a-u.s.-citizen
• "Birth of U.S. Citizens Abroad," DOS, Bureau of Consular Affairs, (Retrieved Jul. 28, 2015), available at http://travel.state.gov/content/passports/english/abroad/events-and-records/birth.html

U Nonimmigrant Visa

WHAT IS A U NONIMMIGRANT VISA?
Persons who are victims of certain crimes that take place in the United States or are subject to U.S. jurisdiction, did not partake in the crimes, and have information that they are willing to offer that will help authorities investigate or prosecute the crimes, may be eligible for U-1 Visas. Congress established the U-1 Visa as an incentive for victims to cooperate with authorities in investigating and prosecuting those who commit certain very serious crimes. In addition, certain family members of U-1 visa beneficiaries may be eligible for derivative U visas.

WHAT ARE THE BENEFITS OF U STATUS?
U status lasts for duration of four years after being granted.[1] Provided that the U-1 Visa holder continues to cooperate with authorities and does not render him or herself inadmissible to the United States, he or she should remain on U-1 status for that entire period. Persons with U status are granted employment authorization.[2] U-1 Visa holders may apply for I-551 Cards (commonly known as Green Cards) three years after being granted a U-1 Visa.[3] Immediate family members of U-1 Visa holders may be eligible for derivative U-2, U-3, U-4, or U-5 visas depending on their relation to the principal U-1 Visa holder. Derivative U Visa holders are also eligible for adjustment of status after three years on derivative U status.[4]

AM I ELIGIBLE FOR A U-1 VISA?
In order to be eligible for a U-1 visa, an applicant must be the victim of a qualifying crime that must have been considered a crime in the United States. Furthermore, the crime must have either been commissioned in the United States, or abroad but subject to U.S. jurisdiction.[5]

A successful U-1 visa applicant must be a victim of a crime involving at least one of the following as defined in INA § 101(a)(15)(U)(iii):

• rape;
• torture;
• trafficking;
• incest;
• domestic violence;
• sexual assault;
• abusive sexual contact;
• prostitution;
• sexual exploitation;
• stalking;
• female genital mutilation;
• being held hostage;
• peonage (forced labor on account of debt or convict labor);
• involuntary servitude;
• slave trade;
• kidnapping;
• abduction;
• unlawful criminal restraint;
• false imprisonment;
• blackmail;
• extortion;
• manslaughter;
• murder;
• felonious assault;
• witness tampering;
• obstruction of justice;
• perjury;
• fraud in foreign labor contracting; or
• attempt, conspiracy, or solicitation to commit any crime on this list or any crime related to crimes on this list.[6]

The crime victim must also have suffered “substantial mental or physical abuse” related to the crime.[7] Furthermore, the crime victim must possess information that is helpful to U.S. authorities in investigating or prosecuting the crime, and the victim must be helpful or considered likely to be helpful in the investigation or prosecution of the crime.[8] If the victim is under the age of 16, he or she is eligible for U-1 status if a parent, guardian, or the “next friend”[9] can be helpful to the investigation or prosecution of the crime.[10]

U-1 visas are annually capped at 10,000.[11] If the cap has been reached but a U-1 applicant is otherwise approvable for U status, he or she will be given a Notice of Conditional Approval and be admitted under a grant of deferred action or parole until he or she may be granted an available U visa.[12]

Successful applicants for U visas must be admissible to the United States except for public charge.[13] Almost all grounds of inadmissibility are waivable if the Attorney General determines a waiver to be in the public interest.[14] Because of this and potential complications in establishing that a U-1 applicant will be helpful in the investigation or prosecution of the crime that he or she is a victim of, any applicants for U-1 status are well advised to consult with an experienced immigration attorney.

Please note that certain victims of human trafficking should check their eligibility for the T-1 visa.

ELIGIBILITY FOR DERIVATIVE U VISAS
In the case that the U-1 beneficiary is less than 21 years of age, the spouse, children, or unmarried siblings less than 18 years of age on the date that the U-1 beneficiary applied for a U-1 visa are eligible for derivative U Visas. Parents in this situation are also eligible for derivative U Visas.[15]

If the U-1 beneficiary is 21 years or older, his or her spouse and children are eligible for U status.[16]

Derivative U visas are not subject to the cap on U-1 visas.[17]

HOW DO I APPLY FOR A U VISA?
Due to the trying circumstances that would lead someone to apply for a U-1 visa, there is no fee for filing an application. However, U-1 visa applicants must submit:

· A completed Form I-918, Petition for U Nonimmigrant Status; and

· A Supplement B Form to the I-918 that is completed by a U.S. law enforcement agency; and

· A written statement attesting to the crime(s) for which the applicant was a victim of and how you meet the criteria for eligibility for a U-1 visa.[18]

Derivatives of a U-1 visa applicant must file a Supplement A Form to the Form I-918. This supplement should be filed concurrently with the Form I-918; however, it may be filed afterwards. Provided that the U-1 beneficiary adjusts to lawful permanent resident (LPR) status, family members who never obtained one of the four derivative U visas may seek LPR status.
-----------------------------------------

Sources: Kurzban, Ira J. Kurzban's Immigration Law Sourcebook: A Comprehensive Outline and Reference Tool. 14th ed. Washington D.C.: ALIA Publications, 2014. 1052-1055, Print. Treatises & Primers.

[1] S. Kurzban, Kurzban’s Immigration Law Sourcebook: A Comprehensive Outline and Reference Tool (AILA 14th Ed. 2014) 1053, citing; 8 C.F.R. § 214.14(g)
[2] Kurzban 1053
[3] Kurzban 1055, citing; INA § 245(m); 8 C.F.R. § 245.24
[4] Kurzban 1055, citing; Policy Memo, Extention of U Nonimmigrant Status for Derivative Family Members, PM-602-0001 (Jun 22, 2010), published on AILA InfoNet at Doc. No. 10062830; AFM 39.1(g)(2)(B); Policy Memo USCIS, PM-602-0004 (July 21, 2010), published on AILA InfoNet at Doc. No. 10072930. [Derivative U visa holders may obtain extensions of status if necessary to accrue the requisite 3 years required to adjust status]
[5] INA § 101(a)(15)(U)(i)(IV)
[6] Note that persons involved in the commission of any of the above crimes are ineligible for U status even if they meet every other requirement.
[7] INA § 101(a)(15)(U)(i)(I)
[8] INA § 101(a)(15)(U)(i)(III)
[9] Citing 8 C.F.R. 214.4(a)(7) [defining “next friend” as a person who appears in a lawsuit to act for the benefit of an applicant less than 16 years of age who has suffered substantial physical or mental abuse as a result of being a victim of a crime. The next friend cannot be a party to the legal proceeding and cannot be the guardian of the U-1 visa applicant].
[10] INA § 101(a)(15)(U)(i)(II)
[11] Kurzban 1053
[12] Kurzban 1052-53, citing; 8 C.F.R. § 214.14(d)(2); USCIS, Questions and Answers, USCIS Reaches Milestone: 10,000 U Visas Approved in Fiscal Year 2010 (July 15, 2010), published on AILA InfoNet at Doc. No. 10071530.; INA § 212(a)(9)(B) [will not accrue unlawful presence while waiting for U visa under grant of parole or deferred action]
[13] Kurzban 1054, citing; INA § 212(a)(4)(E) for statute regarding public charge.
[14] Kurzban 1054, citing; INA § 212(d)(14); 8 C.F.R. § 212.17(b)(1); INA § 212(a)(3)(E) [list of non-waivable crimes that involve Nazis, genocide, torture, or extrajudicial killings]
[15] INA § 101(a)(15)(U)(ii)(I)
[16] INA § 101(a)(15)(U)(ii)(II)
[17] Kurzban 1053, citing; AFM at 39(d)
[18] Kurzban 1052, citing; 8 C.F.R. § 212.7, 8 C.F.R. § 214.14(c)(2) for the list

T Nonimmigrant Visa

WHAT IS A T NONIMMIGRANT VISA?
A T-1 Visa is a nonimmigrant visa, which allows people who have been victims of certain forms of human trafficking the ability to gain immigration status in the United States. The T Visa category is designed both as a form of much-needed relief for victims of trafficking and also as a benefit that allows and encourages the victim to cooperate with authorities in the investigation and prosecution of traffickers. Eligible family members of principal T Visa holders may apply for derivative T Visas (T-2, T-3, T-4, and T-5).

WHY WAS THE T NONIMMIGRANT VISA ESTABLISHED?
The United States Government believes that 50,000 victims of human trafficking enter the United States every year.[1] Recognizing that human trafficking is a scourge both for trafficking victims and the United States as a whole, Congress acted by passing the Victims of Trafficking and Violence Prevention Act[2] (VTPA), which was signed into law by President Bill Clinton on October 28, 2000. Among other things, the VTPA amended the Immigration and Nationality Act (INA) to add the provisions pertaining to the T nonimmigrant Visa category. By creating the T Visa category, Congress hoped not only to help victims of trafficking, but also to incentivize trafficking victims to help law enforcement authorities investigate and prosecute traffickers.

Victims of many non-trafficking crimes committed subject to U.S. jurisdiction who have information that may help authorities prosecute the perpetrators may be eligible for the similar U-1 Visa, which was also established in the VTPA.

WHAT ARE THE BENEFITS OF A T NONIMMIGRANT VISA?
T Visas admit the beneficiary for 4 years of T status in the United States. Furthermore, T Visa holders may be eligible for lawful permanent resident (LPR) status after maintaining T status for 3 years. As an additional benefit, employment authorization is immediately granted to T-1 Visa holders upon being granted T status.

WHO IS ELIGIBLE FOR A T NONIMMIGRANT VISA?
Victims of human trafficking may be eligible for T-1 Visas provided that they are physically present in the United States on account of the trafficking and that the trafficking involved:

• the use of force, fraud, or coercion for 
• sex trafficking (applicants less than 18 years of age do not need to prove force, fraud, or coercion in sex trafficking cases)[3] and/or involuntary servitude, peonage, debt bondage, or slavery.[4]

Furthermore, a T-1 Visa application must demonstrate that the applicant would “suffer extreme hardship involving unusual and severe harm upon removal.”[5]

In most cases, in order to be approved for a T-1 Visa, the applicant must be found to have complied with any reasonable request for assistance in the investigation or prosecution of the crime (“reasonableness” is determined on a case-by-case basis in order to take into account the nature of the crime and the circumstances of the victim).[6] In the case that the victim is under the age of 18[7] or is found to be unable to cooperate in the investigation due to physical or psychological trauma,[8] the applicant does not have to comply with even reasonable requests for assistance.

If a person is allowed to enter the United States in order to participate in an investigation or prosecution of human trafficking, he or she will be considered “physically present” on account of trafficking for purpose of T-1 Visa eligibility.[9]

If the T-1 Visa applicant is under 21 years of age, his or her spouse, children, parents, and unmarried siblings less than 18 years of age may be eligible for derivative T Visas. If the applicant is over 21 years of age, his or her spouse or children may be eligible for derivative T Visas.[10] Children of derivative T Visa beneficiaries may also eligible for derivative T Visa status.[11]

HOW DO I APPLY FOR A T NONIMMIGRANT VISA?
In order to apply for a T Visa, you must submit:

• Completed Form I-914, Application for T Nonimmigrant Status; and
• Three passport-size photographs; and
• A personal statement explaining how you were a trafficking victim; and
• Evidence that shows you meet all of the applicable eligibility requirements; and
• (Recommended) Form I-914, Supplement B, Declaration of Law Enforcement Officer for Victim of Trafficking in Persons (this supplement, filled out by the law enforcement agency investigating or prosecuting your crime, will show both law enforcement support for your claims and that you have been cooperating with law enforcement in the investigation or prosecution of the trafficking crime you are a victim of); and
• Form I-914, Supplement A, Application for Immediate Family Member of T-1 Recipient (if applying for an eligible family member to receive a derivative T Visa).[12]

Although the above instructions for filing are found on the United States Citizenship and Immigration Services USCIS website, given the complexity of the application and consequences of improper filing, it is always highly recommended to hire an experienced immigration attorney to assess your eligibility for a T Visa and guide you through the entire T Visa application process.

--------------------------------
Sources:

• Clawson, Heather Nicole Dutch, Amy Solomon, and Lisa Goldblatt Grace. “Human Trafficking Into and Within the United States: A Review of the Literature.” DHS, August 2009, (Accessed August 3, 2015), http://aspe.hhs.gov/hsp/07/HumanTrafficking/LitRev/
• 
  
• Kurzban, Ira J. Kurzban's Immigration Law Sourcebook: A Comprehensive Outline and Reference Tool. 14th ed. Washington D.C. ALIA Publications, 2014. 1044-45, Print. Treatises & Primers.
• 
  
• “Victims of Human Trafficking: T Nonimmigrant Status,” USCIS, October 3, 2011, (retrieved on August 3, 2015), available at http://www.uscis.gov/humanitarian/victims-human-trafficking-other-crimes/victims-human-trafficking-t-nonimmigrant-status

[1] Clawson, Heather, Nicole Dutch, Amy Solomon, and Lisa Goldblatt Grace. “Human Trafficking Into and Within the United States: A Review of the Literature.” DHS, (Accessed August 3, 2015), http://aspe.hhs.gov/hsp/07/HumanTrafficking/LitRev/
[2] For link to the Department of State page on the statute.
[3] S. Kurzban, Kurzban’s Immigration Law Sourcebook: A Comprehensive Outline and Reference Tool (AILA 14th Ed. 2014) 1044
[4] Kurzban 1044, citing for the list INA § 101(a)(15)(T)(i); 8 C.F.R. § 214.11(b); 22 U.S.C. § 7102 [defining “severe form of trafficking]
[5] Id.
[6] Kurzban 1045, citing 8 C.F.R. § 214.11(a)
[7] Kurzban 1045, citing Memo, Yates, Assoc. Dir. Operations, USCIS, HQOPRD 70/6.2 (Apr. 15, 2004), published on AILA InfoNet at Doc. No. 04060110. [change in rules removing the requirement that victims less than 18 years of age must comply with reasonable requests for assistance]
[8] Kurzban 1045, citing INA § 101(a)(15)(T)(iii); AFM 39.2(b)(3).
[9] Kurzban 1044, INA §101(a)(15)(T)(i)(II); Policy Memo, USCIS, PM-602-0004 (July 21, 2010), published on AILA InfoNet at Doc. No. 10072930 at p.2; AFM 39.2(b)(2)
[10] “Victims of Human Trafficking: T Nonimmigrant Status,” USCIS, October 3, 2011, (retrieved on August 3, 2015), available at http://www.uscis.gov/humanitarian/victims-human-trafficking-other-crimes/victims-human-trafficking-t-nonimmigrant-status
[11] Kurzban 1047, citing INA § 101(a)(15)(T)(ii)(III); 9 FAM 41.84; AFM 39.2(f)(1)
[12] “Victims of Human Trafficking: T Nonimmigrant Status,” USCIS, October 3, 2011, (retrieved on August 3, 2015), available at http://www.uscis.gov/humanitarian/victims-human-trafficking-other-crimes/victims-human-trafficking-t-nonimmigrant-status