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Legal Information: Federal

Immigration

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Updated: 
August 12, 2019

What is continued presence status?

"Continued presence status" is for victims of severe trafficking who lack legal status but who are potential witnesses. In other words, if you have not yet assisted law enforcement, but will likely be able to provide useful information. It provides temporary immigration relief under the continued presence provisions of Section 107(c) of the TVPA, 22 USCS § 7105(c)(3). Immigration relief may include granting parole, voluntary departure, stay of a final order, or nonimmigrant visas (T-visas or U visas). Only law enforcement authorities can seek continued presence status. In other words, you would need to have a federal law enforcement agency petition the USCIS on your behalf for continued presence.1 For information on contacting a federal law enforcement agency, see I think that I am a victim of severe human trafficking. How do I contact law enforcement for help?

1 22 USCS § 7105(c)(3)