Continued Presence is a temporary immigration status that a federal law enforcement agency - not the victim - asks the government to grant to a trafficking victim who may be a witness in the case. It lets the person stay in the United States lawfully and get work authorization while the investigation or prosecution moves forward, without having to wait for a T visa or other longer-term relief to be approved. This article explains how Continued Presence works, who can request it, what it gives you, and how it connects to the T visa.
What is Continued Presence?
Continued Presence (often abbreviated "CP") is a temporary immigration designation - not a visa itself - for a person that law enforcement has identified as a victim of human trafficking who may be a potential witness in a trafficking investigation or prosecution. It provides short-term protection from removal and lets the victim remain in the country lawfully while that case is active.
Two things make Continued Presence different from most other immigration statuses:
The victim does not apply for it directly. Only a federal law enforcement agency - such as Homeland Security Investigations (HSI), the FBI, or another federal agency - can request Continued Presence for a victim. State and local police who identify a trafficking victim generally need to coordinate with a federal law enforcement partner, who then submits the request.
It exists to support the investigation, not just the victim. Federal guidance encourages law enforcement to request Continued Presence for every trafficking victim without lawful status who may be a potential witness - not only in cases where the victim is expected to testify - so that the person is available and stable enough to assist if needed.
Requests are processed by the Department of Homeland Security's Center for Countering Human Trafficking (CCHT), which supports federal, state, local, tribal, and territorial law enforcement nationwide on Continued Presence - though the request itself is submitted through a federal agency - including via an online portal that DHS says has sped up processing in recent years.
What Continued Presence provides
If a Continued Presence request is approved, several things generally follow:
Protection from removal. The victim is not removed from the United States while Continued Presence is in effect.
Work authorization. USCIS issues an Employment Authorization Document (EAD) along with a Form I-94 showing the person's Continued Presence designation, so the victim can work lawfully.
Access to federal benefits and services. DHS notifies the U.S. Department of Health and Human Services (HHS), which can issue a certification or eligibility letter confirming the victim can access certain federal benefits and services available to trafficking victims - similar in effect to services available to refugees, though administered through a different process.
Because Continued Presence is requested and managed by law enforcement rather than filed by the victim as a standard USCIS petition, there is no application fee for the victim to pay. If anyone asks you to pay them to "get" Continued Presence, treat that as a red flag - see the fraud warning below.
How long does it last?
Continued Presence is generally granted for an initial period and can be renewed in additional increments if the investigation or prosecution is still active and the victim continues to meet the requirements. The exact initial period and renewal increments are set by DHS policy and can be adjusted over time, so if you or someone you are helping currently has Continued Presence, confirm the specific expiration date on the paperwork you were given and ask the requesting law enforcement agency about renewal well before that date - do not let it lapse. Continued Presence is not, by itself, a path to a green card; it is meant as a bridge while the criminal case and any longer-term immigration application (most often a T visa) move forward.
How Continued Presence differs from and connects to the T visa
Continued Presence and the T visa both exist to protect trafficking victims, but they work differently:
Who applies. Continued Presence is requested by law enforcement on the victim's behalf. A T visa (T nonimmigrant status) is applied for directly by the victim, generally using Form I-914, filed with USCIS.
Speed. Continued Presence is designed to provide relatively fast, short-term stability - including work authorization - while a case is still developing. A T visa application takes longer to prepare and adjudicate because it requires a fuller application package and USCIS review.
Law enforcement involvement. Continued Presence always involves a federal law enforcement request. A T visa can be supported by a law enforcement certification (Form I-914, Supplement B), but that certification is optional evidence for a T visa - a victim can qualify with other credible evidence instead. See our companion article on U visas and T visas for crime and trafficking victims for how that certification works.
Duration and permanence. Continued Presence is a temporary, renewable designation tied to the active investigation. T nonimmigrant status, once granted, is a longer-term nonimmigrant status that can eventually support an application for lawful permanent residence (a green card) after the person meets continuous-presence and other requirements.
In practice, Continued Presence often serves as a bridge: it stabilizes the victim - work permit, protection from removal, access to services - while the victim and an attorney or advocate prepare a T visa application (or, in some cases, another form of relief) for longer-term status. Having Continued Presence is not required to apply for a T visa, and having a T visa application pending does not automatically mean someone has Continued Presence - they are separate, though related, protections that can overlap in time.
Who can request it, and how
Only a federal law enforcement agency can submit a Continued Presence request. If you are a trafficking victim, you generally cannot ask USCIS or DHS for Continued Presence yourself - your role is to make sure the law enforcement agency investigating your case, or a victim advocate working with that agency, knows you may need it.
What to do
Get to safety and get help. If you are in immediate danger, contact local emergency services. For trafficking-specific help, the National Human Trafficking Hotline (1-888-373-7888, or text 233733) can connect you with law enforcement, service providers, and legal referrals.
Connect with the investigating law enforcement agency. If HSI, the FBI, or a local police department investigating your case identifies you as a trafficking victim and potential witness, ask them (or your victim advocate) whether they have requested Continued Presence for you.
Work with a victim advocate or attorney. Anti-trafficking victim service organizations and immigration attorneys who handle trafficking cases often coordinate directly with law enforcement on Continued Presence requests and can help make sure nothing is overlooked.
Ask about a T visa in parallel. Because Continued Presence is temporary, talk with a qualified immigration attorney or a DOJ-recognized accredited representative early about whether you may be eligible for a T visa or other longer-term status, so there is a plan in place before Continued Presence would need to be renewed or expires.
Track your paperwork. Keep your Form I-94 and EAD, note the expiration date, and follow up with the requesting agency about renewal before that date if your case is still active.
Confirm current details with official sources. Program specifics can change. Check DHS's Center for Countering Human Trafficking materials at dhs.gov and USCIS's T nonimmigrant status pages at uscis.gov for the current process, or ask your attorney or advocate.
A hard deadline to watch
Continued Presence itself does not have a fixed public deadline the way asylum has a one-year filing rule, but it does expire on the date shown on the paperwork issued to the victim, and it does not renew automatically. Missing a renewal window can mean losing protection from removal and work authorization while the case is still open. If you have Continued Presence, know your expiration date and raise renewal with the law enforcement agency or your advocate well in advance.
Beware of notario and immigration fraud
Because Continued Presence is requested by law enforcement, no legitimate service can promise to "get you" Continued Presence for a fee, and no one should charge you to file for it. Be cautious of anyone - including a "notario público," a document preparer, or someone claiming special government connections - who asks for payment to obtain Continued Presence, guarantees an immigration outcome, or tells you to give false information. Only an attorney licensed to practice law or a representative accredited by the Department of Justice may provide legal representation in your immigration case. You can find free or low-cost, DOJ-recognized organizations through the EOIR list at justice.gov/eoir, and verify any attorney's license with your state bar.
This article is general information about U.S. immigration law, not legal advice, and does not create an attorney-client relationship. Trafficking and immigration cases are fact-specific and time-sensitive - consult a qualified immigration attorney or a DOJ-recognized accredited representative, and confirm current rules directly with DHS (dhs.gov), USCIS (uscis.gov), or EOIR (justice.gov/eoir).
Frequently asked questions
Can I apply for Continued Presence myself?
No. Only a federal law enforcement agency, such as Homeland Security Investigations (HSI) or the FBI, can request Continued Presence for a trafficking victim. If state or local police identify you as a victim, they generally coordinate with a federal agency to submit the request. Your role is to make sure the investigating agency or a victim advocate knows about your situation.
Does Continued Presence cost anything?
No. Because law enforcement requests it on the victim's behalf rather than the victim filing a standard application, there is no fee for the victim to pay. Anyone who asks you to pay to obtain Continued Presence should be treated as a warning sign of fraud.
Is Continued Presence the same as a T visa?
No. Continued Presence is a temporary, renewable designation requested by law enforcement to stabilize a victim during an active investigation. A T visa is a nonimmigrant status the victim applies for directly with USCIS (Form I-914) that can eventually lead to a green card. They can overlap, and Continued Presence often serves as a bridge while a T visa application is prepared.
What happens when Continued Presence expires?
It does not renew automatically. If the investigation or prosecution is still active, the requesting law enforcement agency can ask for a renewal, generally in additional increments. Track your expiration date and raise renewal - or a longer-term option like a T visa - with your law enforcement contact or attorney well before it lapses.
Who can help me if I think I'm a trafficking victim?
Contact local emergency services if you're in immediate danger, or the National Human Trafficking Hotline (1-888-373-7888, text 233733) for help connecting with law enforcement and services. For legal help, use a qualified immigration attorney or a DOJ-recognized accredited representative found through justice.gov/eoir - never a notario or paid non-attorney 'fixer.'
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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