Immigration

If your T visa application is denied, it would be unusual for USCIS to put you into immigration court, known as “removal” or deportation proceedings. There is a law that says USCIS should not do this except if there are “serious aggravating circumstances,” like a very serious (“egregious”) criminal history, a threat to national security, or if you are actually committing human trafficking yourself.¹       

Under the Biden Administration, this is even rarer because there is a government policy not to detain or deport survivors of trafficking except in “exceptional circumstances,” which usually means the survivor poses a current threat to national security or a risk of death or violence to another person.² However, each president can change this policy at any time if they wish, and there was a time in 2019 when referrals to immigration court for denied T visas were more common. If this happens, and you are put into removal proceedings, your T visa application can still be decided by USCIS. It does not necessarily mean you will end up being deported or that your T visa will be denied.

To avoid having your T visa application denied and ending up in removal proceedings, it is important to file a good, complete T visa case to start with, including all of the forms and documentation that help to prove all four requirements. This is hard to do without help from an attorney with experience in trafficking cases. Use our Finding a Lawyer page to find a lawyer in your state. You can also ask one of the national immigration organizations listed on our National Organizations - Immigration page to help find you a lawyer.

¹ 8 CFR 214.204(b)(3)  
²ICE Directive 11005.3: Using a Victim-Centered Approach with Noncitizen Crime Victims