My client’s T visa was denied, what do I do next?
In light of the Notice to Appear (NTA) memo issued on June 28, 2018, we recommend filing a Motion to Reopen and/or Motion to Reconsider (MTR) to exhaust all administrative steps in order to prevent or delay the issuance of an NTA to the T visa applicant rather than filing an immediate appeal.
The benefit of filing the MTR rather than directly appealing is to have the opportunity to reframe arguments and evidence for the Administrative Appeals Office (AAO). It also gives the applicant one more time to address the issues raised in the Request for Evidence (RFE) phrase.
We have provided guidance on MTRs in our blog post here.
If you need assistance in addressing the concerns raised by USCIS, CAST can provide you with individualized technical assistance.