USCIS recently began denying valid T visa applications by creating a requirement that never existed: proof that trafficking itself is the reason a person remained in the United States. Today, we won our first appeal on this issue. I’m posting the unpublished decision: Matter of D-A-A-.
The Issue: A New, Unwritten Standard
The T visa statute requires an applicant to show they are in the United States “on account of” trafficking. Historically, this was interpreted to mean:
- The applicant was trafficked while physically present in the U.S., and
- They remain in the U.S. at the time of application.
But in recent years, without notice, USCIS raised the bar, denying cases unless the applicant could prove that the trafficking itself prevented them from leaving.
We’ve tried to meet that burden—though we believe it’s unlawful—by submitting evidence showing why our clients couldn’t leave after escaping trafficking. Most of the reasons are:
- Financial hardship: Clients often arrived on employment-based visas after taking out massive loans. When they escaped their trafficker, they had no money and were still in debt.
- Psychological trauma: Many trafficking victims suffer such trauma that returning home is not feasible without recovery and support.
Still, USCIS has continued to demand evidence that the trafficking literally prevented departure—which is nearly impossible to prove and not required by the statute.
The Appeal and the Decision
We appealed a particularly harsh denial to the Administrative Appeals Office (AAO). Today, we received a favorable decision that may help others in similar situations.
The AAO confirmed:
- The core issue is whether the applicant is in the U.S. at the time of filing.
- USCIS regulations cover both current and past trafficking victims.
- Financial and psychological impacts can support a finding that presence is “on account of” trafficking.
This is a significant win, though additional waivers may still be required in some cases. For now, it’s a step toward restoring the statute’s original meaning.