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 higher standard than required by other immigration remedies; in the T context, the standard is "extreme hardship involving unusual and severe harm." 8 CFR § 214.11(i). Because of this higher standard, CAST recommends that applicants rely on at least three extreme hardship factors found in the T visa regulations 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. 

AILA, ASISTA, CAST, and Freedom Network are currently working on collecting cases where trafficking survivors and other victims of crime have been negatively impacted on policy issues. We are looking for case examples that we may be able to share with DHS, USCIS, ICE, and/or other related government agencies. There are currently 2 types of cases we are collecting case examples on: