Regulations for U and T Visa Issued
On December 12, 2008, the Department of Homeland Security (DHS) published regulations which govern the process by which U and T visa holders apply to adjust their status to that of lawful permanent resident.1 These long-awaited regulations, which went into effect on January 12, 2009, were published as an Interim Final Rule with request for comments.
According to the published regulations, a U visa holder seeking to apply for permanent residency must demonstrate that she:
- Was granted a U visa and currently holds U nonimmigrant status
- Has been continuously physically present in the United States for three years (from the date of admission as a U nonimmigrant)
- Did not unreasonably refuse to assist in the investigation or prosecution of the underlying U visa crime after being granted a U visa
- Is not inadmissible under INA 212(a)(3)(E) (participants in Nazi persecution, genocide, or the commission of any act of torture or extrajudicial killing)
- Meets a discretionary threshold, i.e., that adjustment of status is justified for humanitarian reasons, in the public interest, or to assure family unity
A T visa holder seeking to apply for permanent residency must demonstrate that she:
- Was admitted as a T nonimmigrant
- Has been continuously physically present in the United States for three years, from the date of admission as a T nonimmigrant (alternatively, applicants can file for adjustment before accruing three years of continuous physical presence if the Department of Justice certifies that the investigation or prosecution is complete)
- Complied with any reasonable requests for assistance OR that she would suffer extreme hardship involving unusual and severe harm upon removal
- Has maintained good moral character while in the United States
- Is admissible to the United States
- Meets a discretionary threshold, i.e., that adjustment of status is justified for humanitarian reasons, in the public interest, or to assure family unity
The Tahirih Justice Center submitted comments on the interim regulations, and after the 60-day comment period, DHS may incorporate suggested changes in final regulations.
173 Fed. Reg. 75540-75564 (December 12, 2008) (to be codified at 8 C.F.R. 245.23 and 245.24)
