Updated October 20, 2026.
Correction: The earlier claim that the T visa rule removed the extreme-hardship requirement was incorrect and has been withdrawn.
Evidence and eligibility need separate review
The physical-presence regulation permits USCIS to consider credible evidence such as a detailed personal statement, service-provider records, and relevant law-enforcement or court records. Evidence should explain how trafficking relates to the person’s current presence. The availability of different evidence does not eliminate an eligibility requirement or guarantee approval.
The hardship requirement continues
Initial T-1 eligibility still requires extreme hardship involving unusual and severe harm upon removal under 8 CFR 214.202(d). Cooperation exceptions are separate. A survivor should receive an individual review of the facts and evidence rather than rely on a general promise of reduced requirements or faster approval.
Prepare for an individual review
Keep agency notices and relevant records, and discuss safety concerns and trauma with your representative. This correction does not determine that a particular survivor qualifies or does not qualify. No processing-time, automatic-benefit or permanent-residence guarantee is made.
Sources and individual guidance
For advice about your circumstances, contact the firm. This article provides general information and does not determine eligibility or guarantee a result.
