Continued Presence: Eligibility, Benefits, and Path to a T Visa

Continued presence for trafficking victims is a temporary immigration designation that lets a person identified as a victim of a severe form of human trafficking remain lawfully in the United States while a criminal investigation, prosecution, or civil lawsuit against the trafficker moves forward. It was created by the Trafficking Victims Protection Act of 2000. A federal law enforcement agency must request it on the victim’s behalf, and the DHS Center for Countering Human Trafficking (CCHT) decides whether to grant it. Approval lasts two years, carries work authorization, and opens the door to federal benefits.¹

Who Qualifies

Eligibility turns on the federal definition of “severe forms of trafficking in persons” at 22 U.S.C. § 7102. Two categories qualify:²

Sex trafficking, meaning a commercial sex act induced by force, fraud, or coercion. If the victim is under 18, no showing of force, fraud, or coercion is required.
Labor trafficking, meaning recruiting, harboring, transporting, or obtaining a person for labor through force, fraud, or coercion, with the purpose of subjecting them to involuntary servitude, debt bondage, or slavery.

The victim does not need to have been trafficked across an international border. Domestic trafficking qualifies. What matters is the nature of the exploitation, not how far the person was moved.

Child victims get extra protection. A minor does not need to cooperate with law enforcement to receive federal benefits tied to Continued Presence, and for sex trafficking any commercial sex act involving a minor is treated as severe trafficking without proof of force, fraud, or coercion.³

Who Can Request It

Victims cannot apply for Continued Presence themselves. A law enforcement agency has to make the request based on its own assessment that the person is a trafficking victim and a potential witness.⁴

Federal agencies such as Homeland Security Investigations (HSI), the FBI, the Department of Labor, and U.S. Attorney’s Offices can submit requests directly. State, local, tribal, and territorial agencies can also initiate a request, but their submission must be sponsored by a federal agency and routed through that agency’s designated contacts to the CCHT.³

DHS expects agencies to request CP for every identified victim who lacks immigration status and could serve as a potential witness. Selective requesting is not the norm.

How the Request Is Submitted

The requesting agency puts together a package built around ICE Form 73-031, Request for Continued Presence. The form captures the victim’s full legal name, date of birth, and country of citizenship. The agency adds a narrative statement explaining the facts of the trafficking, how the person was identified as a victim, and why their presence in the country matters to the investigation or prosecution.

Strong narratives tie the victim’s experience to specific trafficking violations and include details about how long the exploitation lasted, what methods the trafficker used, and what evidence has been gathered. Vague or conclusory submissions tend to trigger requests for more information, which slows things down.

Packages go to the CCHT through a secure web-based portal.⁵ Analysts there review the narrative and supporting evidence against the statutory requirements and notify the sponsoring agency of the decision. If the request is denied, the notice explains what additional evidence might support reconsideration. If it is approved, the sponsoring agency informs the victim and coordinates next steps.

Civil Lawsuits Count Too

Continued Presence is not limited to criminal cases. Under 18 U.S.C. § 1595, trafficking victims can sue their traffickers, and CP can be granted to keep the victim in the country during that litigation. A criminal investigation does not have to be underway.⁶

The mechanics differ. All civil-action CP requests go through HSI. The victim or their civil attorney contacts the nearest HSI Victim Assistance Specialist and provides a copy of the filed complaint, a short description of the litigation, and an explanation of how the person meets the statutory definition of a trafficking victim. Law enforcement’s role in these cases is narrower: confirming that granting the designation raises no national security or public safety concerns.

This pathway matters when prosecutors decline to bring criminal charges or the evidence is not strong enough for a federal case. Victims are not left without immigration protection simply because the government chose not to prosecute.

What Continued Presence Gives You

Approval grants deferred action, meaning DHS agrees not to pursue removal while the person assists with the case. The designation runs two years from approval.¹

Under 8 C.F.R. § 274a.12(c)(14), someone granted deferred action can apply for an Employment Authorization Document (EAD) on a showing of economic necessity.⁷ For CP recipients, that showing is essentially a given, and the work permit is mailed directly to the victim or their legal representative. In practice, the EAD is typically processed alongside the CP approval through the CCHT rather than filed separately.

One thing to check with the sponsoring agency: unlike T visa holders, CP recipients are not explicitly listed among the categories that qualify for a fee waiver on Form I-765 under 8 C.F.R. Part 106.⁸ Whether a separate filing or fee applies depends on how the case is being handled.

Adults with CP who receive a Certification Letter from the Office on Trafficking in Persons become eligible for benefits administered by the Office of Refugee Resettlement (ORR) on the same footing as refugees.⁹ Those benefits include:

Refugee Cash Assistance, four months of payments for basic needs like food, shelter, and transportation.
Refugee Medical Assistance, four months of Medicaid-equivalent health coverage for those who don’t otherwise qualify for Medicaid.
The Matching Grant Program, an alternative to cash assistance that provides intensive case management and employment services over a 240-day period.
A funded medical screening covering an exam, vaccinations, and specialist referrals.
Refugee Support Services, available for up to five years, including job training, English classes, childcare, transportation, translation, and case management.

Minor victims receive an Eligibility Letter from ORR rather than a Certification Letter and do not need to show law enforcement cooperation to access these benefits.

Renewal

When the criminal investigation, prosecution, or civil case is still active as the two-year mark approaches, the sponsoring agency can request an extension using ICE Form 73-032. The renewal follows the same submission pathway and focuses on the current status of the case and why the victim’s presence remains necessary.⁶

Timing depends on who initiated the original request. Federal agencies are encouraged to submit extension requests at least 60 days before the current CP expires. State, local, tribal, and territorial agencies should submit their renewal to the sponsoring federal agency 90 days before expiration, giving the federal partner time to review and forward it within the 60-day window. Missing these deadlines can create a gap in work authorization and benefits.

When Continued Presence Can Be Revoked

CP can end before the two years are up. Either the submitting law enforcement agency or the CCHT can revoke it if the recipient:⁶

Leaves the United States without Advance Parole.
Commits a crime or engages in unlawful activity.
Absconds or fails to maintain contact.
Is later determined not to be a trafficking victim.
Obtains a separate immigration benefit or adjusts status.

For CP granted on the basis of a civil action, additional grounds include failing to pursue the lawsuit with due diligence, dismissal of the case, or conclusion of the proceedings.

One protection is worth flagging. If the CP recipient has applied for a T visa, the CCHT will not revoke CP at the conclusion of an investigation or prosecution. Pulling immigration protection from someone mid-application would destabilize the person the system is meant to protect.

Moving from CP to a T Visa

Continued Presence is temporary by design. The longer-term immigration path for most trafficking victims is T nonimmigrant status, usually called a T visa. The two are separate programs: CP comes from the CCHT, while the T visa is applied for through U.S. Citizenship and Immigration Services and can lead to lawful permanent residence.¹

The practical value of CP is that it fills the gap. It gives a victim status, work authorization, and access to benefits from the moment law enforcement identifies them, well before USCIS ever rules on a T visa application. Because the T visa carries its own evidentiary requirements and deadlines that sit outside the CP framework, anyone navigating this process should consult a qualified immigration attorney.

1
U.S. Citizenship and Immigration Services. Victims of Human Trafficking: T Nonimmigrant Status
2
Office of the Law Revision Counsel. 22 USC 7102 – Definitions
3
U.S. Immigration and Customs Enforcement. Continued Presence: Temporary Immigration Designation for Victims of Human Trafficking
4
eCFR. 28 CFR 1100.35 – Authority to Permit Continued Presence in the United States for Victims of Severe Forms of Trafficking in Persons
5
U.S. Department of Homeland Security. Countering Human Trafficking: Year in Review Fiscal Year 2024
6
U.S. Immigration and Customs Enforcement. Continued Presence Resource Guide
7
eCFR. 8 CFR 274a.12 – Classes of Aliens Authorized to Accept Employment
8
eCFR. 8 CFR Part 106 – USCIS Fee Schedule
9
Administration for Children and Families. Benefits for Victims of Human Trafficking