No, USCIS cannot grant Continued Presence (CP). It is a common misunderstanding, but CP is not within USCIS’s authority. Instead, Continued Presence is granted by Immigration and Customs Enforcement (ICE) through the Center for Countering Human Trafficking.
What Is Continued Presence, and Why Does It Matter?
Continued Presence is a temporary immigration status specifically for victims of severe human trafficking (such as forced labor or sex trafficking).
This status is life-changing for many survivors because it:
- Allows you to remain in the U.S. legally.
- Provides work authorization, so you can begin earning a living.
- Opens access to vital resources, such as medical care, housing, and counseling.
CP is initially granted for two years but can be extended if needed. Continued Presence not only provides crucial support for survivors but also facilitates their cooperation with law enforcement, which is often essential for building strong cases against traffickers.
How Is Continued Presence Granted?
Unlike other immigration statuses, survivors cannot apply for Continued Presence on their own. Instead, CP must be requested by a federal law enforcement agency, such as ICE, the FBI, or Homeland Security Investigations (HSI). If federal law enforcement believes you are a victim and your case is critical to the investigation or prosecution of traffickers, they can request CP on your behalf. This determination is a critical step, as CP is both a tool to protect survivors and a way to ensure their availability for legal proceedings against their traffickers.
Once the request is made, it is reviewed by the Center for Countering Human Trafficking (CCHT), which operates under ICE. They are the ones who make the final decision on whether CP will be granted. Recognizing the urgency in trafficking cases, the CCHT strives to process these requests quickly. This efficiency allows survivors to receive timely protection, shielding them from deportation and providing access to critical benefits while their traffickers are brought to justice.
Why Can't USCIS Grant CP?
USCIS, while responsible for many immigration benefits like visas and green cards, does not oversee CP because it is fundamentally tied to law enforcement’s role in combating trafficking. Since CP is meant to protect survivors while aiding law enforcement investigations, ICE retains exclusive authority over this status.
However, USCIS becomes involved later in a survivor’s journey, particularly when transitioning from CP to more permanent forms of relief, such as the T Visa.
What Happens After CP Expires?
Once the investigation or prosecution ends, CP typically expires, leaving survivors in need of a more permanent immigration solution. If you wish to remain in the U.S., it is important to explore other options as soon as possible, specifically before the expiration of your CP, to ensure a smooth transition and avoid losing your legal status.
Getting Your T Visa After CP Expires
One of the most common options for trafficking survivors is the T Visa. This visa offers a more comprehensive form of protection and opens the door to lawful permanent residency (a green card) and eventual U.S. citizenship. To qualify for a T Visa, you must show that:
- You are a victim of severe human trafficking.
- You are in the U.S. as a result of trafficking.
- You are cooperating with law enforcement (unless excused due to trauma).
- You would face extreme hardship if removed from the U.S.
Once a trafficking survivor is ready to transition from CP to a T Visa or another form of long-term relief, USCIS becomes the primary agency involved in processing their application. At this stage, working with an experienced T Visa lawyer can significantly improve your chances of success.
Contact An Immigration Attorney at Odunlami Law
At Odunlami Law, we understand that survivors of human trafficking often face unimaginable challenges while trying to rebuild their lives. We know that taking the first step, such as being granted Continued Presence, is significant, but it is only the beginning of your journey.
If you have been granted CP or are searching for answers about your immigration options, we strongly recommend reaching out to Odunlami Law for advice. We can work with you to understand your unique situation, explain your rights and options, and create a plan that helps you achieve long-term stability and safety in the U.S. Call us or fill out our online contact form to schedule a confidential consultation today.
