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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 22 - Foreign Relations |
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Chapter I - Department of State |
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SubChapter E - Visas |
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Part 41 - Visas: Documentation of Nonimmigrants Under the Immigration and Nationality Act, as Amended |
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Subpart I - Fiance(e)s and Other Nonimmigrants |
§ 41.84 - Victims of trafficking in persons.
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§ 41.84 Victims of trafficking in persons.
(a) Eligibility. An alien may be classifiable Under INA 101(a)(15)(T)(ii), an applicant accompanying, or following to join, may acquire derivative status as a parent, spouse, sibling or child (derivative family member) based on a relationship to an individual (the principal) who has applied for or who has been granted T–1 nonimmigrant status under INA 101(a)(15)(T)(ii) ifi) or may acquire derivative status as an adult or minor child of the principal's derivative family member if the adult or minor child faces a present danger of retaliation as a result of the principal's escape from trafficking or cooperation with law enforcement. Such applicant will be eligible for a visa if:
(1) The consular officer is satisfied that the alien applicant has the required relationship to an alien individual who has been granted status by the Secretary for Homeland Security under INA 101(a)(15)(T)(i); or the consular officer is satisfied that the applicant has the required relationship with a derivative family member;
(2) The consular officer is satisfied that the alien applicant is otherwise admissible under the immigration laws of the United States; and
(3) The consular officer has received an a DHS-approved I–914, Supplement A, evidencing that the alien is the spouse, child, or parent of an alien who applicant has been granted status under INA 101(a)(15)(T)(i)derivative status.
(b) Visa validity. A qualifying derivative family member may apply for a nonimmigrant visa under INA 101(a)(15)(T)(ii) only during the period in which the principal applicant is in status under INA 101(a)(15)(T)(i). Any visa issued pursuant to such application shall be valid only for a period of three years or until the expiration of the principal alien's status as an alien individual classified under INA 101(a)(15)(T)(i), whichever is shorter.