Denied T Visa

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.

The Comprehensive Training and Technical Assistance Project by the Coalition to Abolish Slavery and Trafficking is funded under 15POVC-23-GK-00929-HT, awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. Some material was created previously under 2018-VT-BX-K014, awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice and Grant No. 2018-TA-AX-K009 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed in this document are those of the contributors and do not necessarily represent the official position or policies of the U.S. Department of Justice. The material from this website may not be copied or duplicated in whole or part by any means without express prior agreement from CAST, Office for Victims of Crime, or the Office for Violence Against Women.

 

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