§ 214.202 Eligibility for T-1 nonimmigrant status.

An applicant is eligible for T-1 nonimmigrant status under section 101(a)(15)(T)(i) of the Act if they demonstrate all of the following, subject to section 214(o) of the Act:

(a)

Victim.

The applicant is or has been a victim of a severe form of trafficking in persons, according to § 214.206.

(b)

Physical presence.

The applicant is physically present in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port-of-entry thereto, according to § 214.207.

(c)

Compliance with any reasonable request for assistance.

The applicant has complied with any reasonable request for assistance from law enforcement or meets one of the conditions described below. The reasonableness of the request is assessed using the factors delineated at § 214.208(c).

(1)

Exemption for minor victims.

An applicant who was under 18 years of age at the time at least one act of trafficking occurred is not required to comply with any reasonable request for assistance.

(2)

Exception for trauma.

An applicant who, due to physical or psychological trauma, is unable to cooperate with a reasonable request for assistance from law enforcement is not required to comply with such reasonable request.

(d)

Hardship.

The applicant would suffer extreme hardship involving unusual and severe harm upon removal, according to § 214.209.

(e)

Prohibition against traffickers in persons.

No applicant will be eligible to receive T nonimmigrant status if there is substantial reason to believe that the applicant has committed an act of a severe form of trafficking in persons.