Immigration

“Continued presence” is a benefit that USCIS can grant to trafficking survivors if law enforcement requests it, but it is not the same as a T visa. Instead, it generally involves only a temporary permission to stay in the U.S., often for two years, and a work permit during that time. It is not a path to permanent residency or citizenship. Instead, it is a way for law enforcement to ensure trafficking victims get the services they need as quickly as possible while allowing them to stay legally in the United States to help with a criminal investigation or prosecution.¹ Continued presence usually ends once the criminal case is over. Trafficking victims who wish to stay in the U.S. should work with an attorney to get T visa status while they have continued presence.

Only federal law enforcement can seek continued presence on your behalf. Therefore, you must either work with a federal officer or ask your local law enforcement or other agency to contact federal law enforcement for help getting continued presence.² For information on contacting a federal law enforcement agency, see If I think I am a victim of severe human trafficking, how do I contact law enforcement for help?

¹ 22 U.S.C. § 7105(c)(3)(A)(i)
² 22 U.S.C. § 7105(c)(3)(C)