CAST conducted a wrap-up of 2021 T nonimmigrant (I-914) AAO decisions that have been uploaded to AAO’s non-precedent decision repository as of December 29, 2021.

(Note: New cases are uploaded daily/weekly on the USCIS website, so this data may not be complete for AAO appellate adjudications in 2021 as of date of this posting.)

You can view the 2021 decisions, along with prior AAO decisions, via CAST’s Airtable.

Here’s the data CAST has compiled of the 2021 decisions available through December 29, 2021:

• In 2021, the most frequent bases for appeal were:
  • Severe form of trafficking: 69 decisions (~44%)
  • Physical presence: 61 decisions (~39%)
    • (There was one physical presence decision published twice.)
• Of the physical presence decisions, a slight majority were remanded to VSC (meaning that AAO disagreed with VSC’s adjudication).
  • 32 cases remanded (~52%)
  • 29 appeals were dismissed (~48%)
  • The first case to explicitly reference the new Policy Manual T visa sections is dated November 1, 2021.
• Of the appeals addressing whether the applicant was a victim of a severe form of trafficking, most of the cases deal with smuggling/border victimization or intimate partner/family violence.
  • Severe form of trafficking outcomes
    • 25 dismissed (~78%)
    • 7 remanded (~22%)
  • Specific type of trafficking
    • Smuggling/border cases - 33 cases (~48%)
      • 26 dismissed (~79%)
      • 7 remanded (~21%)
    • Intimate Partner/Family Violence (where the alleged trafficker is also an intimate partner or family member) - 23 cases (~33%)
      • 12 dismissed (~52%)
      • 11 remanded (~48%)

This data reflects that many applicants are ultimately successful at the AAO phase, especially on the issue of physical presence under 8 CFR § 214.11(g) and even before the release of the new policy manual guidance. Advocates should review AAO decisions to weigh the strength of their client’s T visa case prior to filing and also to craft effective I-914 applications, responses to requests for evidence, motions to reopen and reconsider, and appeals.

Below find a couple of charts reflecting the data as of December 29, 2021:

Basis for Appeal to AAO for 2021 Decisions (posted through December 29, 2021)

2021 AAO Outcomes on Severe Form of Trafficking Cases (posted through December 29, 2021)

2021 AAO Outcomes on Physical Presence Cases (posted through December 29, 2021)