New to the anti-trafficking field or T visas or just need to brush up? CAST has put together a robust and free list of resources for you to file effective T visa applications. Be sure to view our e-learning courses and review our practice advisories, as well! When you watch one of our e-learning courses and pass the accompanying self-assessment, you gain access to our Box drive with hundreds of samples and practice advisories on comprehensive legal remedies for trafficking survivors, from immigration to victims rights and restitution!

Resources for Advocates

• USCIS Response to COVID-19
  • USCIS has made several announcements affecting the processing of pending immigration applications, including T visas. We recommend visiting the USCIS website routinely to get the latest information.
  • One of our partner organization, ASISTA, has released a practice advisory to assist legal advocates in light of COVID-19 related USCIS alerts. Click HERE to access advisory.

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.