Updated October 20, 2026.
Correction: The earlier claim that the T visa rule removed the extreme-hardship requirement was incorrect and has been withdrawn.
Cooperation exceptions do not remove hardship requirements
The cooperation rule recognizes an exemption for a person who was under 18 when at least one trafficking act occurred, and an exception for a person unable to cooperate because of physical or psychological trauma. These concern cooperation with reasonable requests from law enforcement. They are not a general exemption from hardship or the other eligibility requirements.
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.
