DOJ Proposes Changes to Green Card Application Process for Trafficking Survivors

The U.S. Department of Justice (DOJ) has proposed a key procedural change that could affect how some human trafficking survivors apply for green cards. This proposal aims to formalize the process by which T-visa holders request certification letters related to criminal investigations. Published in the Federal Register, this change could allow T-visa holders to apply for permanent residency sooner than the usual three-year period.

Understanding T-Visas

T-visas enable eligible human trafficking victims to stay in the United States for up to four years. Typically, T-visa holders need to wait three years before applying for permanent residency. However, they can apply earlier if a certification confirms that the related investigation or prosecution is complete.

According to U.S. Citizenship and Immigration Services, to qualify for T nonimmigrant status, applicants must show:

• They were victims of trafficking involving force, fraud, or coercion.
• They are physically present in the U.S. or at a port of entry due to such trafficking.
• Removal from the U.S. would cause them severe harm.
• Compliance with “reasonable requests” from law enforcement for assistance in trafficking investigations.

Minors and certain trauma survivors are exempt from cooperation requirements.

Impact on Green Card Applicants

Adam Klein, a former Department of Homeland Security official, stated the proposed changes might have mixed effects on applicants. While a clear process could expedite approvals, formalized procedures might introduce new challenges. Details of the proposal will be crucial in determining its overall impact.

The proposal does not alter eligibility criteria. Instead, it focuses on streamlining the certification request process, essential for early adjustment of status applications.

Affected Population

Approximately 2,000 individuals could annually request such certifications, and each application may take about three hours to complete. This group mainly comprises T-visa holders, drawn from a pool of thousands of trafficking survivors.

From 2021 to 2025, over 9,000 T-visas were approved by the Department of Homeland Security. The DOJ is seeking public input for 60 days on the proposed changes, including suggestions for improvement.

“For trafficking survivors, administrative processes often determine whether relief is timely and meaningful,” Klein remarked.

Klein also suggested that formalizing the process reflects efforts to improve consistency, as past certification practices varied across different agencies and offices. The DOJ aims to replace informal practices with a standardized framework that offers clearer procedures and greater accountability.

Next Steps

The public comment period concludes on August 17. Stakeholders need to focus on how much discretion remains within the system, including who can issue certifications, what evidence is needed, and whether applicants have options if requests are denied.