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Laws current as of September 18, 2019

Will I be deported if my T visa application is denied?

If your T visa application is denied, USCIS may put you into immigration proceedings known as “removal” or deportation proceedings. The government began doing this in the summer of 2019.1 Since immigration judges do not have the power to give people T visa status, there may be no way to avoid deportation (removal). In the removal proceedings, you would have to try to explain to an immigration judge why you should not be deported but this can be very hard to do. For instance, you may be able to ask for VAWA cancellation of removal from an immigration judge, either because you have been here for ten years or more or because you or your child have been abused by your spouse who is a U.S. citizen or lawful permanent resident.2 There are other requirements for these applications, however, and they may be very hard to win.

To avoid having your T visa application denied and ending up in removal proceedings, it is more important than ever that you 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 Lawyerpage 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 USCIS Policy Memorandum 602.0050.1
2 INA § 240A(b)(1), (b)(2)