PM 03-01-04-b
See Policy Memo dated 4/2/2024, Verifications Required for Victims of Trafficking, Torture, or Other Serious Crimes (VTTC) Assistance Programs - Clarification.
VTTC before 6/5/2024: Verifying that a Person is Preparing to File for T Visa, U Visa, or Asylum
When an applicant is preparing to file for a T Visa, U Visa, or Asylum, the following two verifications are required:
1. A signed sworn statement that the individual is a foreign-born victim of trafficking, torture, or other serious crimes;
- Example of a sufficient signed sworn statement: "[NAME], am/is a foreign-born victim of trafficking, torture, or other serious crimes" [WRITTEN SIGNATURE].
- Details of the "trafficking, torture, or other serious crimes" should not be requested.
- Other serious crimes include but are not limited to: rape, incest, abusive sexual contact, prostitution, sexual exploitation, female genital mutilation, being held hostage, involuntary servitude, debt servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, extortion or felonious assault, manslaughter or murder.
AND
2. One item of credible evidence, including but not limited to any of the following:
- police, government agency, or court records, or files;
- news articles;
- documentation from a social service, trafficking, domestic violence program or rape crisis center, or a legal, clinical medical professional, or other professional from whom the applicant or recipient has sought assistance in dealing with the crime;
- a written statement from any other individual with knowledge of the circumstances that provided the basis for the claim;
- physical evidence;
- a copy of a completed visa application (Ex: I-914, Application for T Non-immigrant Status, I-914, Supplement A, Application for Immediate Family Member, I-918, Petition for U Non-immigrant Status, I-918, Supplement A, Petition for Qualifying Family Member of U-1 Recipient, or I-589, Application for Asylum and for Withholding of Removal); or
- a written notice from the federal agency of receipt of the visa application.
Note: An applicant who is unable to provide an additional item of credible evidence may qualify with only a sworn statement if the Department determines the applicant to be credible.
Verifying That a Person Filed for T Visa, U Visa, or Asylum
When the applicant has indicated they have filed an application for a T Visa, U Visa, or Asylum, accept proof the application has been filed.
The sworn statement as listed above is NOT required for VTTC applicants who have already filed an application for a T Visa, U Visa, or Asylum.
Note: This can be before or after 6/5/2024.
T Visa - any one of the following suffices to verify that a person filed for T Visa.
- USCIS Form I-797 Notice of Action - review to determine status of application.
- Issued to communicate receipt, approval or rejection of an applications or petitions.
- Copy of "filed" I-914 application for T Visa submitted to USCIS; or
- Other credible evidence. Examples include any of the following:
- Documentation from a social service, trafficking, domestic violence program or rape crisis center, or a legal, or other professional from whom the applicant or recipient has sought assistance;
- Printouts of case status queries from the USCIS website;
- A copy of a completed visa application;
- A written notice from the federal agency of receipt of the visa application;
- Review correspondence from USCIS regarding applications, such as appointment notices and requests for evidence (RFEs).
U Visa - any one of the following suffices to verify that a person filed for U Visa.
- USCIS Form I-797 Notice of Action - review to determine status of application.
- Issued to communicate receipt, approval or rejection of an applications or petitions.
- Copy of "filed" I-918 application for U Visa submitted to USCIS; or
- Other credible evidence. Examples include any of the following:
- Documentation from a social service, trafficking, domestic violence program or rape crisis center, or a legal, or other professional from whom the applicant or recipient has sought assistance;
- Printouts of case status queries from the USCIS website;
- A copy of a completed visa application;
- A written notice from the federal agency of receipt of the visa application;
- Review correspondence from USCIS regarding applications, such as appointment notices and requests for evidence (RFEs).
Asylum - any one of the following suffices to verify that a Person Filed for Asylum.
- USCIS Form I-797 Notice of Action - review to determine status of application.
- Issued to communicate receipt, approval or rejection of an applications or petitions.
- Copy of "filed" I-589 application for Asylum submitted to USCIS; or
- Other credible. Evidence, examples include any of the following:
- Documentation from a social service, trafficking, domestic violence program or rape crisis center, or a legal, or other professional from whom the applicant or recipient has sought assistance;
- Printouts of case status queries from the USCIS website;
- A copy of a completed visa application;
- A written notice from the federal agency of receipt of the visa application;
- Review correspondence from USCIS regarding applications, such as appointment notices and requests for evidence (RFEs).
