USCIS Strengthens T Nonimmigrant Visa Program and Protections for Trafficking Victims

Client Alert!

The Department of Homeland Security and U.S. Citizenship and Immigration Services announced a final rule to strengthen the integrity of the T nonimmigrant status (T visa) and ensure eligible victims of human trafficking can access protections and stabilizing benefits on a timely manner. T nonimmigrant status enables certain victims of human trafficking to remain in the United States for an initial period of up to four years.

T nonimmigrant status offers protection to victims and strengthens the ability of law enforcement agencies to detect, investigate, and prosecute human trafficking. This final rule clarifies T nonimmigrant status eligibility and application requirements and includes provisions to reduce potential barriers to victims and enable USCIS officers to adjudicate victims’ applications more efficiently. The final rule also improves the program’s integrity by clarifying the reporting and evidentiary requirements for victims of trafficking, which will better help law enforcement act on reports of trafficking.

Key elements of the final rule include:

  • Updating and clarifying definitions – including serious harm, abuse, and law enforcement agency – to ensure consistency and standards as described in the Trafficking Victims Protection Act of 2000, as amended;
  • Improving program efficiency by clarifying reporting and evidentiary requirements on the outset to decrease requests for additional evidence;
  • Streamlining law enforcement agencies’ ability to act on reports of trafficking by requiring victims to report instances of trafficking to the correct law enforcement of jurisdiction; and
  • Simplifying the bona fide determination and adjudication process, while continuing to uphold fraud prevention measures.


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Dana Davidson - Full Bio

Dana T. Davidson holds degrees from the Benjamin N. Cardozo School of Law and State University of New York at Stony Brook and has been practicing immigration law since 2003 in New York and nationwide. She represents corporations, individuals, and families in a broad range of immigration matters. Attorney Davidson has offices in New York City and Glen Cove.
 

Education

  • Benjamin N. Cardozo School of Law, Yeshiva University, New York, New York
  • Juris Doctor – 1988
  • Honors: Moot Court Board, Member, Judge
  • State University of New York at Stony Brook, Stony Brook, New York
  • Bachelor of Arts – 1982
  • Major: Political Science
  • Concentration: Business


Pro-Bono Activities

  • Safe Passage Project, Volunteer Attorney, 2013-Present
  • Educating the Educators, Founder, 2012-Present
  • Momentum Project, Board Member, 1991-1994 Bar Admission
  • New York, Eastern District
  • New York, Southern District
  • Washington, D.C.

Speaking Engagements
 
  • AILA RDC-EMEA Spring Conference 2018, Berlin, Germany, Speaker on “Public Charge” panel
  • AILA RDC-EMEA Fall Conference 2018, Johannesburg, South Africa, Speaker: “Practice Management in the New Age” panel
  • AILA RDC-EMEA Spring Conference 2018, Madrid, Spain, Speaker: “El Traje de Luces: Self-Sponsored Petitions – EB-1A and NIW”  AILA RDC-EMEA Spring Conference 2017, Brussels, Belgium, Speaker: “Continuing Blanket L Challenges”
  • Safe Passage Project, March 2017, Speaker: “Representing Unaccompanied Minors: Special Immigrant Juvenile Status and the Effects of President Trump’s Executive Orders on Immigration”
  • AILA RDC-EMEA Fall Conference 2016, Speaker: “It’s Not About Money: I-864”
  • AILA RDC-EMEA Spring Conference 2016, Vienna, Austria, Speaker: “K-Visa: Differences Between K-1 and I-130 Processing”
  • New York Institute of Technology’s Center for Entrepreneurship, January 2016, Entrepreneur/Executive-in-Residence
  • AILA Fall Conference 2015, London, UK, Speaker: Impact of joint sponsors on family-based cases
  • Goldman-Sachs 10,000 Small Business Education Program, October 2014, “What is required to grow a business?”
  • Dowling College, May 2013, Keynote Speaker at the first annual Latino Summit at Dowling College
  • International Taxation Conference, 2010