USCIS Interim Memo: New T-6 Nonimmigrant Category

"The INA allows a principal T nonimmigrant (the victim of a severe form of trafficking in persons, or T-1) to request derivative status for certain family members. ... Section 1221 of VAWA 2013 expanded the derivative category based on present danger of retaliation to include children (adult or minor) of the principal’s derivative family members if the derivative’s child (adult or minor) faces a present danger of retaliation as a result of the principal alien’s escape from trafficking or cooperation with law enforcement. ... This new category is unique in that it allows for expanded eligibility beyond the categories of family members who typically may be eligible for derivative status.  This category of derivatives does not have close parallel in any other immigrant or nonimmigrant benefits.  In practical terms, these family members would generally be the principal’s grandchild, the principal’s spouse’s child (if not otherwise already eligible as the principal’s child), the principal’s sibling (if not otherwise already eligible, such as those over the age of 18 or married), and the principal’s niece or nephew." - PM-602-0107; Posted: 10-30-2014; Comment period ends: 11-13-2014.