The U.S. Department of Justice (DOJ) is proposing a change that could alter how some human trafficking survivors obtain green cards. This proposal would standardize the process for requesting certification letters linked to criminal investigations. These letters are essential for T-visa holders seeking to apply for lawful permanent residence sooner than the usual three-year wait.
Purpose of the Certification
Under current U.S. immigration law, T-visa holders may apply for permanent resident status before the standard period if the attorney general or their designee certifies that the associated investigation or prosecution is complete. The DOJ published this proposal in the Federal Register, aiming to establish a structured system for this certification process.
Understanding the T-Visa
A T-visa allows qualified victims of human trafficking to stay in the U.S. for up to four years. To qualify, applicants generally need to:
- Be victims of trafficking due to force, fraud, or coercion.
- Be present in the U.S. or at a port of entry because of trafficking.
- Show that their removal from the U.S. would result in severe harm.
- Comply with law enforcement’s reasonable requests for help with trafficking investigations.
Minors and certain trauma survivors are exempt from cooperation requirements by law.
Impact on Green Card Applicants
Adam Klein, a former Department of Homeland Security official, noted that the changes could streamline applications but might also introduce complications. He emphasized that a clear process could reduce uncertainty and speed up approvals. However, formalizing such discretion might also add barriers.
The DOJ’s proposal does not alter eligibility criteria. Instead, it proposes a standardized information collection method to request certification letters, which are crucial for earlier adjustment of status.
Scope of the Proposal
The DOJ estimates around 2,000 requests for certification letters annually. Each application is expected to take about three hours to complete. This affects primarily individual T-visa holders drawn from the thousands granted visas in recent years. Between 2021 and 2025, more than 9,000 T-visas were approved.
The public can comment on this proposal for 60 days, offering feedback on the necessity and potential improvements. Adam Klein noted that administrative processes significantly impact whether relief for trafficking survivors is timely and meaningful.
The Next Steps
Public comments will be accepted until August 17. Klein advises stakeholders to focus on the remaining discretion within the system, including who can issue certifications, the evidence required, and recourse options if requests are denied. This proposal represents DOJ’s move to formalize an informal process, making procedures clearer and more predictable for applicants and law enforcement.