In conjunction with the Department of Homeland Security’s (DHS) so-called “Blue Campaign” the U.S. Citizenship and Immigration Services (USCIS) will allow victims of human trafficking and sexual exploitation to remain in the U.S. temporarily. The goal of the program is the help combat human trafficking. It also applies to those who have initiated civil lawsuits against their employers who previously or now have A-3 and G-5 visas to legally work and live in the country while their lawsuits are litigated.
A-3 and G-5 visa holders are classified under U.S. immigration law as nonimmigrant attendants, servants or personal employees of ambassadors, diplomats, consular officers, foreign government officials or international organization officers. Pursuant to the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, USCIS will add this group of individuals to the already existing category of those eligible for deferred action on a case-by-case basis to in order to let A-3 or G-5 nonimmigrants to resolve pending lawsuits they have filed for a violation of the terms of their employment contract or work conditions related to human trafficking and similar breaches of law.
In order to apply for deferred action and work authorization, an A-3 or G-5 nonimmigrant or their attorney must file:
- A cover letter requesting deferred action and outlining the violation of the terms of their employment contract or conditions and the ongoing civil action;
- An Application for Employment Authorization, Form I-765;
- Proof of legal entry into the U.S. in A-3 or G-5 nonimmigrant status; and
- A copy of the civil complaint filed in court as supporting documentation.
An A-3 or G-5 nonimmigrant may request deferred action from the Vermont Service Center at:
Vermont Service Center
75 Lower Welden St.
St. Albans, VT 05479-0001
If the A-3 or G-5 nonimmigrant is granted for deferred action, the immigration service will adjudicate the petition for work authorization and, if granted, issue a one-year employment authorization document. If the individual’s civil action is still pending after a year, he or she may apply for renewal of deferred action. To apply for renewal, individuals must file another Form I-765 with a new cover letter and evidence that the civil case is still pending, such as a recent court docket update. The A-3 or G-5 nonimmigrant may request a fee waiver of the Form I-765. Additional guidance on requesting a fee waiver is available at www.uscis.gov/feewaiver.