Adjustment of Status for U Non-immigrants
The Victims of Trafficking and Violence Protection Act of 2000 created two new immigration benefits, T and U nonimmigrant status, in an effort to assist law enforcement with the investigation and prosecution of trafficking and serious crimes. T nonimmigrant status is available to aliens who are victims of severe human trafficking. U nonimmigrant status is available to aliens who are victims of certain crimes. Regulations implementing the T nonimmigrant provisions became effective on March 4, 2002. 67 FR 4784 (Jan. 31, 2002). The U nonimmigrant regulations became effective on October 17, 2007. 72 FR 53014 (Sept. 17, 2007). Both T and U nonimmigrant status offer pathways to adjustment of status. On December 12, 2008, after much anticipation, USCIS published interim regulations providing for adjustment of status for individuals in T and U status. 73 FR 75540. The T and U adjustment of status regulations become effective on January 12, 2009 and allow for a 60 day comment period.
This article will examine the U status adjustment provisions. The February issue of the CLINIC News will include an article on the T status adjustment provisions. In conjunction with these articles, CLINIC is offering two free webinars for CLINIC affiliates. If you missed the January 8th webinar on the U adjustment regulations, you may visit the members only page of the CLINIC website for a recorded version of thepresentation. On February 11th, CLINIC will offer a webinar on the T adjustment regulations.