U.S. Citizenship and Immigration Services released an interoffice memo dated April 15, 2004 on the subject of the Trafficking Victims Protection Reauthorization Act of 2003 (TVPRA).  This memo specifically highlights Section 4(b) of the TVPRA which contains five conditions that amend the Immigration and Nationality Act (INA).  Section 4(b) will affect benefits for victims of a severe form of trafficking in persons and who are applicants for T nonimmigrant status and their descendants. 

The five conditions of Section 4(b) are:

1.      The eligibility requirement of any applicant for T nonimmigrant status complying with reasonable assistance requests to investigate or prosecute acts of trafficking in persons was raised from age 15 to age 18.

2.      The addition of unmarried siblings under 18 years of age to the list of family members of any principal T nonimmigrant status holder or applicant.

3.      An unmarried alien under the age of 21 is provided age-out protection if the parent applied for T-1 status before the date the child turned 21.  This condition also includes principal applicants and immediate family members.

4.      T nonimmigrant status applicants can no longer be found inadmissible on the basis that he/she is likely at any time to become a public charge.

5.      Adjudicators are allowed to consider statements from State and local law enforcement officials regarding compliance with any reasonable requests for assistance in the investigation of crimes of severe forms of trafficking in persons.  This condition can not be implemented immediately and will be given careful consideration. 

The TVPRA is effective immediately for T nonimmigrant status applications pending on or filed after December 19, 2003.