As part of the Advanced Immigration Panels for the 2020 Freedom Network Virtual Conference, the panelists prepared written responses to questions posed during the live presentation.

After your T-Visa has been denied, you have the option to request the field office that issued the unfavorable decision to re-evaluate the decision either based on a misapplication of law (Motion to reconsider) or new evidence (Motion to reopen).  Whether you file a motion to reopen or reconsider, both of these motions will go back to the Vermont Service Center to re-evaluate the decision. You will have 33 days to file Form I-290B, Notice of Appeal or Motion, to request a motion to reopen and/or reconsider.

The T Visa regulations allow for bona fide determination (BFD) of T visa application which would, in theory, allow for trafficking survivors to access work authorization and public benefits before the T visa is fully adjudicated.  See USCIS Memo - Recommendations from CIS Ombudsman's Office (May 22, 2009)

However, in practice, we have not seen bona fide determination readily given. 

Extreme hardship for T visa purposes is a different standard than other extreme hardship arguments for other immigration relief. It is a higher standard so it is important that you make sure that you rely on 3 extreme hardship factors found in the T visa regulations found at 8 CFR §214.11(i)(2).

Notice to Appear (NTAs) have been issued as a result of a T visa denial.  We have only heard of 3 or 4 cases, but we are trying to collect more information to be able to determine whether the NTAs were issued as a result of the recent NTA memo or for other causes. If you have received an NTA or have heard of colleagues, contact CAST through our online TA request form to report the NTA and receive additional technical assistance on next steps.