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Filing for a Green Card – Requirements to File Before 3-years of T-Visa Status

A T-Visa is a special humanitarian visa intended for non-citizens exploited by employers and victims of trafficking. Typically, a T-Visa holder may apply for Adjustment of Status (Resident status) after 3 years. However, there are special circumstances when the applicant can self-petition for early adjustment of status without waiting the requisite 3 years to file the I-485 Green Card Application. A T-visa holder may request to file for early adjustment of status (before the standard 3-year waiting period) under specific circumstances, impacting their T-Visa eligibility.

USCIS can approve early adjustment if the applicant can demonstrate compelling humanitarian reasons, exceptional circumstances, or law enforcement interests, which play a crucial role in determining T-Visa eligibility.

Good Reasons to File Early for Adjustment of Status:

  1. Severe Medical Conditions:
    • If the applicant or their dependent has a critical health condition that requires access to medical care or insurance only available with permanent residency.
  2. Risk of Harm or Danger:
    • If the applicant or their family members face ongoing threats or harm due to their cooperation with law enforcement in the trafficking case.
  3. Financial Hardship:
    • Inability to sustain basic living needs due to employment limitations, even with a work permit under T-visa status.
  4. Family Unification:
    • Early adjustment can help bring over eligible family members who are in unsafe or unstable conditions abroad.
  5. Law Enforcement Interests:
    • If granting early adjustment would facilitate further cooperation with law enforcement or benefit an ongoing investigation.
  6. Education and Employment Opportunities:
    • Permanent residency would allow access to federal education loans, scholarships, or employment opportunities not available under T-visa status.

How to File for Early Adjustment of Status for T-Visa Holders:

Steps to File Early Adjustment of Status for T-Visa Holders:

  1. Submit Form I-485 (Application to Register Permanent Residence or Adjust Status)
  2. Include a Detailed Explanation or Declaration:
    • Provide evidence and documentation supporting the humanitarian reasons or exceptional circumstances for early adjustment to establish T-Visa eligibility.
  3. Supporting Documentation:
    • Medical records, affidavits, law enforcement letters, financial documents, or other relevant evidence.
  4. Work with an experienced T-Visa Immigration Attorney
    • Ensure the petition clearly explains why early adjustment is justified under INA § 245(l) and USCIS guidelines, meeting all criteria for T-Visa eligibility.
  • INA § 245(l) (Adjustment of Status for T-Visa holders)
  • USCIS Policy Manual, Volume 7, Part L, Chapter 2: Adjustment of Status for T Nonimmigrants

To start your own legalization journey and check your T-Visa eligibility, please call Shepelsky Law Group at 718-769-6352 to schedule a consultation with one of our team members or book your consultation here: https://shepelskylaw.cliogrow.com/book