You have heard two terms in the same conversation: that law enforcement can request "Continued Presence," and that there is something called a T visa. As of November 2026 they are two different tools from two different parts of federal law, granted by two different agencies, doing two different jobs. Continued Presence is a temporary designation that a law enforcement agency asks for on a victim's behalf; the T visa is an immigration status the survivor applies for directly. One can lead toward the other, but neither replaces the other.
This post explains the mechanism of each, who decides, what each gives, and how to sequence them. It does not re-teach T visa eligibility; see our guide to who qualifies for a T visa in 2026.
Two Different Things: a Law Enforcement Tool and an Immigration Status
Continued Presence comes from the Trafficking Victims Protection Act, not the Immigration and Nationality Act. Under 22 U.S.C. 7105(c)(3)(A)(i), if a federal law enforcement official "files an application stating that an alien is a victim of a severe form of trafficking and may be a potential witness to such trafficking, the Secretary of Homeland Security may permit the alien to remain in the United States to facilitate the investigation and prosecution of those responsible for such crime." The regulation, 28 CFR 1100.35, treats it as a law enforcement request carried out through whatever immigration mechanism fits. The current ICE Homeland Security Investigations policy, HSI Directive 24-02 (September 11, 2024), calls it "a temporary immigration designation."
The T visa is a nonimmigrant classification under INA 101(a)(15)(T) that the survivor applies for on Form I-914 with U.S. Citizenship and Immigration Services, which has sole jurisdiction under 8 CFR 214.204(a). Law enforcement can support a T application, but it neither files nor decides it.
The practical difference is who holds the pen: with Continued Presence, an agent decides whether to ask and the DHS Center for Countering Human Trafficking decides whether to grant; with a T visa, the survivor applies and USCIS decides on the evidence. A survivor abused by a U.S. citizen or permanent resident spouse or parent may also have a third path, a VAWA self-petition, with its own rules.
What Continued Presence Is and Who Can Request It
Who asks. Only a federal law enforcement agency can submit the request. HSI Directive 24-02 lists HSI, the FBI, U.S. Attorneys' Offices, the Department of Labor, and several other federal agencies. State, local, tribal, and territorial agencies "may also request CP but must do so through a federal LEA," usually the local HSI office. A survivor cannot file it alone, and neither can a private attorney.
Who decides. The DHS Center for Countering Human Trafficking, led by HSI, which the 2024 T visa rule preamble describes as the office that "processes all requests for CP." The directive makes its Programs Unit Chief responsible for "Granting, denying, and revoking CP requests as expeditiously as possible."
The standard is low by design. A person is eligible if law enforcement identifies them as a victim of a severe form of trafficking who may be a potential witness, or if they have filed a federal civil action under 18 U.S.C. 1595. The victim requirement "is met if an SA believes that the individual credibly appears to be a victim based on the individual's own statement. No corroboration is needed." There is "no requirement for an arrest, indictment, prosecution, concurrence of a prosecutor, or selection as a testifying victim-witness." That is policy, not statute, and an agency can still decline to ask. The civil-action route is statutory: under 22 U.S.C. 7105(c)(3)(A)(iii), the Secretary "shall permit" a victim who has filed a section 1595 action to remain until it is concluded, subject to revocation for lack of due diligence.
How long it lasts. USCIS's T visa page states that "CCHT may grant Continued Presence for an initial period of 2 years," and DHS materials describe it as valid for two years with potential for renewal. The request package includes a signed Form I-765.
What Continued Presence Gives You, and What It Does Not
The regulation is candid about the limits. Under 28 CFR 1100.35(b)(1), Continued Presence "does not convey any immigration status or benefit apart from that already encompassed by the particular form of authorized continued presence granted," and "In most circumstances, victims granted continued presence will be eligible for temporary employment authorization."
What it gives. A lawful way to stay for the period granted, eligibility for a work permit, a route to federal benefits through the HHS certification discussed below, and evidence for a later T application: the T regulations list "Documentation of a grant of Continued Presence under 28 CFR 1100.35" as evidence of victimization in 8 CFR 214.206, of physical presence in 8 CFR 214.207, and of compliance with reasonable requests for assistance in 8 CFR 214.208(d)(2).
What it does not give. It is not a status, a visa, residence, or by itself a path to a green card. It is granted on a law enforcement request and can be revoked; under 8 CFR 214.204(i) a revoked grant "will generally no longer be considered as evidence of the applicant's compliance" though it "may be considered for other purposes." It depends on the agency, and it has no family categories of its own. For the comparable interim work permit on the U visa side, see our post on the U visa bona fide determination EAD.
The T Visa in Brief (and Where to Read More)
The T visa is the durable tool. Under INA 101(a)(15)(T) and 8 CFR 214.202, a principal applicant must show victimization by a severe form of trafficking in persons; physical presence in the United States on account of that trafficking; compliance with any reasonable law enforcement request for assistance, unless they were under 18 when an act of trafficking occurred or cannot cooperate because of trauma; and extreme hardship involving unusual and severe harm if removed. The regulations are 8 CFR 214.201 through 214.216, rewritten by the final rule at 89 FR 34864 (April 30, 2024), effective August 28, 2024; the old 8 CFR 214.11 now simply points to them.
The law enforcement declaration, Form I-914 Supplement B, "Is optional evidence" under 8 CFR 214.204(e)(1), but under 8 CFR 214.208(b) an applicant "must, at a minimum, contact an LEA with proper jurisdiction to report the acts" unless an exception applies. T status runs up to four years under INA 214(o)(7)(A), with principal grants capped at 5,000 per fiscal year under INA 214(o)(2). After three years in T status, or sooner if the investigation or prosecution is complete, a T-1 may apply for a green card under INA 245(l) and 8 CFR 245.23.
On cost: in the USCIS Fee Schedule, Form G-1055, edition dated October 26, 2026, Form I-914, Supplement A, and Supplement B each carry a fee of $0, and the I-765, I-192, I-539, and 245(l) I-485 filed by T applicants and T nonimmigrants are also $0. Confirm against the edition in force when you file; our fee page tracks it.
Were you told about Continued Presence and a T visa, and no one explained the difference?
One is a law enforcement bridge; the other is the status you build on. We coordinate with investigators and advocates, prepare the T application, and tell you honestly which door is open.
Talk to a Trafficking Survivor AttorneyOr call (484) 763-4984
How Continued Presence and the T Visa Fit Together
Think of Continued Presence as the bridge and the T visa as the far bank.
Sequence one: Continued Presence first. This is the pattern when federal agents identify a survivor. The agent requests Continued Presence early, the survivor receives a two-year designation and a work permit, and the T application is prepared with that stability. The Continued Presence documentation then goes into the I-914 as evidence under all three regulations named above, and it is strong evidence of cooperation. It is evidence, not proof: USCIS decides each element itself, and the application must independently show physical presence on account of trafficking and extreme hardship, which Continued Presence says nothing about.
Sequence two: T application first, Continued Presence never. Many survivors are never in a federal case; they reported locally or escaped before any agency was involved. The T visa was built for them, and "Credible evidence documenting a single contact with an LEA may suffice" under 8 CFR 214.208(b). Their interim protection is the bona fide determination: under 8 CFR 214.205, USCIS reviews a complete application with a signed personal statement and clear background checks, deems it bona fide, and may then grant deferred action and a work permit on a Form I-765 filed under 8 CFR 274a.12(c)(40). USCIS strongly encourages filing the I-765 with the I-914.
Sequence three: both at once. A survivor with Continued Presence can file the I-914 immediately, and should. Each tool covers the other's weakness: Continued Presence depends on law enforcement, and the T application depends on USCIS's queue.
Confidentiality covers both. Under 8 U.S.C. 1367(a)(1)(F), no adverse admissibility or deportability determination may be made using information furnished solely by the trafficker, and the statute names both T applicants and persons certified through the Continued Presence clause of 22 U.S.C. 7105(b)(1)(E). Under 1367(a)(2), information about a T applicant may not be disclosed outside the agencies except for legitimate agency purposes.
Benefits and the HHS Certification Letter
Federal benefits for adult survivors run through a certification by the Department of Health and Human Services, not through USCIS or ICE. Under 22 U.S.C. 7105(b)(1)(A), a victim of a severe form of trafficking "shall be eligible for benefits and services under any Federal or State program or activity ... to the same extent as an alien who is admitted to the United States as a refugee."
The test in 22 U.S.C. 7105(b)(1)(E) has two parts. The person must be "willing to assist in every reasonable way in the investigation and prosecution of severe forms of trafficking in persons" or be unable to cooperate "due to physical or psychological trauma." And the person must either have "made a bona fide application" for T status "that has not been denied," or be "a person whose continued presence in the United States the Secretary of Homeland Security is ensuring in order to effectuate prosecution of traffickers in persons." A certification based on Continued Presence lasts only as long as DHS considers the person's presence necessary under 7105(b)(1)(E)(ii), another reason to have the T application moving. HHS's Office on Trafficking in Persons (OTIP) issues the letter after consulting DHS. OTIP's guidance has said a USCIS receipt notice alone is not enough for an adult, and USCIS's Policy Manual ties adult eligibility to approval of T status, so confirm the current procedure with OTIP or a certified victim-services provider.
Children are treated differently. Under 22 U.S.C. 7105(b)(1)(G), a child under 18 needs no certification; interim assistance may run up to 90 days with a 30-day extension, and HHS then decides long-term eligibility. USCIS notifies HHS when it receives an application from a principal under 18 under 8 CFR 214.204(b)(4), and a minor is exempt from the cooperation requirement under 8 CFR 214.202(c)(1). Family members come in through Form I-914 Supplement A; the pillar post covers them.
Timelines: Days Versus Years
Continued Presence is the fast tool. No agency publishes a processing time for it, and the 2024 rule preamble says DHS "declines to impose a deadline on adjudicating CP," but the directive tells agents to act "expeditiously" and "as early as practicable upon encountering a victim." In practice that can mean weeks rather than months when an agent is engaged, though it is discretionary at every step and no agency promises a date.
The T visa is the slow tool, and it has gotten slower. The most recent public figures we found are from Cast, the Coalition to Abolish Slavery and Trafficking, in a June 2026 analysis of USCIS data: the USCIS processing-times tool, queried June 17, 2026, showed 80 percent of Form I-914 cases completed within 30.5 months; 59,187 T-1 applications were pending as of December 31, 2025; and USCIS approved 1,398 principal applications in fiscal year 2025 against a 5,000 cap, and only 124 bona fide determination work permits approved in the first quarter of fiscal year 2026 against 9,150 received. Those are Cast's figures, not a USCIS statement; check the USCIS processing-times page for Form I-914 on the day you read this. If Continued Presence is available, ask for it: it is the only interim protection whose timing is not tied to USCIS's queue.
Survivors in Removal Proceedings
The I-914 is filed with USCIS even when the survivor is in proceedings, under 8 CFR 214.204(b)(1); the immigration judge has no jurisdiction over it. Under 8 CFR 214.204(b)(1)(ii), ICE "may exercise prosecutorial discretion, as appropriate, while USCIS adjudicates," and the USCIS Policy Manual notes that DHS may agree to a joint motion to administratively close or terminate proceedings while USCIS decides. For the court side of that conversation, see our removal defense practice.
For someone with a final order, the distinction matters more. Under 8 CFR 214.204(b)(2)(i), filing the I-914 "has no effect on DHS authority or discretion to execute a final order of removal." Once USCIS deems the application bona fide, 8 CFR 214.205(g)(1) provides that the determination "automatically stays the execution of any final order of removal, deportation, or exclusion," and neither the immigration judge nor the Board may grant a stay based on a T filing under 8 CFR 214.205(g)(3).
Continued Presence sits on top of this: under 28 CFR 1100.35(b) its mechanisms include "stay of final order" and deferred action, and the HSI directive tells agents to coordinate with ICE's legal office when a recipient is in proceedings. Make sure counsel has the approval notice before the next hearing.
What This Means in the Lehigh Valley
For survivors in Allentown, Bethlehem, Easton, and Reading, the first question is usually not which tool to pick but which door is open. If a federal agent or prosecutor is involved, ask directly whether a Continued Presence request has been submitted and, if not, why not. If the case is local, the police department or district attorney's office can route a request through a federal partner, and an advocate can press for that. If no agency is involved, the T application and its bona fide determination are the path, and the first law enforcement contact can be a report by phone or online under 8 CFR 214.208(b).
Pennsylvania adds a state layer. Trafficking in individuals and involuntary servitude are crimes under 18 Pa.C.S. 3011 and 3012, and Act 105 of 2014 created a civil cause of action for trafficking victims at 18 Pa.C.S. 3051, a state remedy separate from immigration relief. The National Human Trafficking Hotline, 1-888-373-7888, is staffed around the clock and can connect a survivor to a certified victim-services provider who knows the local agencies. Keep pay records, messages, medical records, and the name and date of every agency contact; a T application lives on that evidence.
A 245(l) green card interview, if scheduled, would ordinarily be at the USCIS Philadelphia Field Office at 30 North 41st Street, and a survivor with a case before the Philadelphia Immigration Court at 900 Market Street should raise a planned T filing with counsel before the next hearing. Our humanitarian relief practice covers the T visa, Continued Presence coordination, and the related protections for crime victims.
Frequently Asked Questions
Is Continued Presence the same as a T visa?
No. Continued Presence is a temporary designation that a federal law enforcement agency requests and the DHS Center for Countering Human Trafficking grants under 22 U.S.C. 7105(c)(3) and 28 CFR 1100.35; it conveys no immigration status. The T visa is a nonimmigrant status under INA 101(a)(15)(T) that the survivor applies for on Form I-914 and USCIS decides. Continued Presence can be evidence in a T application, but it does not replace one.
Do I need a prosecution or a conviction to get Continued Presence?
No. HSI Directive 24-02 says the standard is met when an agent finds the person credible as a victim on their own statement, with no corroboration and no requirement for an arrest, indictment, prosecution, or selection as a testifying witness. A survivor who has filed a federal civil action under 18 U.S.C. 1595 is also eligible. The request must still come from a federal agency.
Does Continued Presence guarantee that my T visa will be approved?
No. Continued Presence is listed in 8 CFR 214.206, 214.207, and 214.208 as evidence of victimization, physical presence, and compliance with law enforcement. USCIS still decides each element itself, including extreme hardship, which the grant does not address, and a revoked grant generally no longer counts as compliance evidence under 8 CFR 214.204(i).
Can I work with Continued Presence?
Generally yes. Under 28 CFR 1100.35(b)(1), "In most circumstances, victims granted continued presence will be eligible for temporary employment authorization," and USCIS confirms that Continued Presence recipients may apply for a work permit. The HSI request package includes a signed Form I-765, and the permit is tied to the two-year designation.
What happens if my Continued Presence expires before USCIS decides my T visa application?
Continued Presence is valid for two years and can be renewed on the agency's request, so ask the agent about renewal well before the end date. The safer plan is to have the T application pending early: once USCIS deems it bona fide under 8 CFR 214.205, you may receive deferred action and a work permit on your own application, and any final order of removal is automatically stayed.
Get Help With a Trafficking Case
Continued Presence and the T visa are strongest together: one buys time, the other builds a future. Lehigh Valley Immigration Law LLC prepares T visa applications, coordinates Continued Presence requests with agencies and advocates, and handles the bona fide determination, waiver, and 245(l) green card stages for survivors across Pennsylvania, New Jersey, and New York. We offer a free bilingual consultation to review where your case stands and which door is open. Call (484) 763-4984 or contact us online. No outcome can be guaranteed in any immigration case, but knowing which tool does which job is the first step toward using both well.