Comprehensive Overview of Immigration Law (COIL) Practice Exam

Which of the following is not a requirement for adjustment of status as a T nonimmigrant?

1. A valid employment contract

2. A current priority date on the State Department Visa Bulletin

3. Proof of victimization

4. Continuous presence in the U.S.

The correct answer is: A current priority date on the State Department Visa Bulletin

Adjustment of status for T nonimmigrants, who are individuals granted T visas due to being victims of human trafficking, involves several key requirements. One of the critical requirements is proof of victimization, which demonstrates that the individual has been a victim of a severe form of trafficking in persons. Continuous presence in the U.S. is also necessary, as the individual must have maintained their presence in the country while applying for this status. A valid employment contract serves as crucial documentation because it indicates the individual's ability to support themselves financially, which aligns with the purpose of the T visa—to assist trafficking victims in regaining stability. However, the requirement for a current priority date on the State Department Visa Bulletin is not applicable to T nonimmigrants. This is because the T visa program operates differently from the family-based or employment-based immigration categories that rely heavily on priority dates for visa processing and availability. T nonimmigrants do not need to wait for a priority date to adjust their status, making it clear why this option does not constitute a requirement for adjustment of status.