A common reason for a T or U visa denial is failure to meet the requirements of hardship. In other words, the victim must show that they would suffer a hardship if they were not granted a T or U visa. Unfortunately, most denials are due to a lack of sufficient evidence that a hardship would exist in the absence of a T or U visa. Often, victims who are denied will have prepared their petition themselves or with the assistance of a paralegal, but not an immigration attorney. Very commonly, U visas are denied because the victim has not received law enforcement certification.
Another common reason for T visa denial is that the individual did not remain in the United States during the pendency of the T visa application process. In order to obtain a T visa, the victim has to be in the United States; if they are removed, deported, or leave on their own while their T-visa application is pending, then they will no longer be eligible for a T visa.
Another reason a T visa might be denied is failure of the petitioner to provide sufficient evidence that they have been a victim of labor or human trafficking. The final reason many T visas are denied is failure to respond in a timely manner to requests for additional evidence.
Attorney Magdalena Cuprys is a seasoned immigration lawyer based in Orlando and Coral Gables, Florida. With three languages under her belt and years of legal experience working with immigrants of all kinds, she brings considerable experience and insight to the field and works hard to explain immigration concepts, empower future citizens, and keep current and prospective immigrants up to date on US immigration law.
Connect with her firm, Serving Immigrants, to stay updated on the latest developments in United States immigration law and gain valuable insights needed to navigate the challenging legal landscape of immigration in Florida.
Call Us Now To Get Your Case Reviewed (305) 924-1133
It’s very important that these cases be treated with the utmost care. While the government understands that a victim of human trafficking or domestic violence might not have all of the necessary documents, they expect the victim to provide everything they do have, which should at least demonstrate that they were indeed victimized.
Appeal or Start from Scratch?
A victim absolutely can and should appeal a denial, look to reopen their case, and/or refile their case; I often recommend doing all three.
I recommend first appealing rather than filing an application from scratch, especially since the victim always has the option of starting from scratch. When a victim chooses to file an application from scratch, the government will likely point to the fact that the victim had an opportunity to appeal and did not take it.
If a denial was wrongful, which may be the case if the victim never received the request for additional evidence, or sent in additional evidence that was never received by the government, then appealing the denial or moving to reopen the case would be the best option.
For more information on T and U Visa Denials, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (305) 924-1133 today.
Attorney Magdalena Cuprys is a seasoned immigration lawyer based in Orlando and Coral Gables, Florida. With three languages under her belt and years of legal experience working with immigrants of all kinds, she brings considerable experience and insight to the field and works hard to explain immigration concepts, empower future citizens, and keep current and prospective immigrants up to date on US immigration law.
Connect with her firm, Serving Immigrants, to stay updated on the latest developments in United States immigration law and gain valuable insights needed to navigate the challenging legal landscape of immigration in Florida.
Call Us Now To Get Your Case Reviewed (305) 924-1133