WomensLaw serves and supports all survivors, no matter their sex or gender.

Legal Information: Federal

Immigration

View all
Laws current as of September 18, 2019

If I get put into deportation proceedings, can the judge grant me T visa status to allow me to stay in the U.S.?

Immigration judges in deportation (removal) proceedings do not have the power to give people T visa status, only USCIS does. If you already filed a T visa application, you could tell this to the judge, or you can tell the judge if you intend to file one. You can ask the judge to delay making a final decision on deportation so that USCIS can finish deciding your T visa application first. If the judge does not agree to delay the case and issues an order for your removal, it might be possible to appeal the judge’s decision within 30 days and remain in the country while the appeal is processed. This may buy you enough time for USCIS to finish deciding your T visa. If the T visa is granted while you are waiting for the appeal to be decided, your removal proceedings can be terminated in your favor and you will not be removed.

Note: There are other remedies that can be raised in court to defend against removal. So-called “regular” cancellation of removal could apply if you  have been here for ten years or more and have a child, spouse, or parent who is a U.S. citizen or lawful permanent resident and would suffer exceptional and extremely unusual hardship without you. Or, VAWA cancellation of removal could apply if you or your child have been abused by your spouse who is a U.S. citizen or lawful permanent resident and you meet all other requirements for VAWA cancellation of removal.1 Another possible option is asylum or withholding of removal,2 which might apply if you have a fear of returning to your home country because you would face harm, torture, or persecution there. There are other requirements for these applications, however, and they may be very hard to win.
  
1 INA § 240A(b)(1), (b)(2)
2 INA § 208(b)(1); INA § 101(a)(42)(A)