If you or a loved one survived human trafficking, receiving a letter from USCIS asking for “more evidence” can feel overwhelming. The reality is that many T Visas are approved after this step.
At The Cruz Law Office, APC, based in San Diego, Attorney Narciso Cruz and his team have helped survivors navigate these stressful moments. They support families as they fight to stay safe, work legally, and move toward permanent residency.
Our immigration team has seen USCIS repeat the same mistakes time and again. We have also seen survivors regain hope when they realize that an RFE, or Request for Evidence, is not the end. It is an opportunity to strengthen a case.
Why Acting Quickly Matters
When USCIS issues an RFE, the clock starts immediately. The notice sets a strict deadline. If you miss it, USCIS can decide your case without your response. That often leads to denial even when you qualify.
Timing is not the only reason urgency matters:
- Healing takes time. By the time an RFE arrives, you may have been in therapy for months or years. Updating USCIS with this progress can strengthen your case.
- Evidence can disappear. Old pay stubs, text messages, or contacts are harder to recover as time passes.
- Approval delays affect families. Without legal status, you may struggle to work freely, travel abroad, or petition for children.
Every week matters. Our law firm responds early and never at the last minute.
What Survivors Should Know About T-Visas and RFES
- An RFE does not mean denial. USCIS often issues RFEs- even in strong cases. Sometimes it’s because officers are under pressure to “move” cases quickly. Sometimes it’s because they rely on outdated rules. Either way, survivors can and do win after responding.
- Your story is the most important evidence. The most powerful piece of your case is your own declaration-your words about what happened, why you couldn’t leave, and how it still affects you. Therapy notes, medical records, or letters of support help, but they do not replace your story.
- Even “ordinary jobs” can involve trafficking. It’s not about the type of work. Housekeeping, construction, restaurant shifts, or childcare can all be trafficking when there’s force, fraud, or coercion. Many clients tell us, “But I just worked long hours for little pay.” What matters is whether you felt trapped or afraid to say no.
- Family members or trusted people can be traffickers. Survivors often say, “I came here because of a cousin, uncle, or friend. It must not be trafficking because I trusted them.” In fact, traffickers often use trust to control victims. USCIS must recognize this.
- Don’t panic if you don’t have police reports. Many survivors never went to the police. That doesn’t end your case. The law says your statement is enough if it clearly explains what happened.
The Benefits of a T-Visa (and Green Card)
Winning a T-Visa opens a door that changes everything:
- Protection from deportation so you can live without fear.
- Legal work authorization so you can pursue stable jobs.
- Eligibility for permanent residency (a green card) after three years, creating a path to U.S. citizenship.
- Family reunification: certain relatives can apply as derivatives.
- Dignity and stability: no more hiding in the shadows.
For survivors in Southern California- from San Diego and Escondido to the Inland Empire and Orange County-this means the ability to rebuild life in safety, provide for family, and plan for a future without looking over your shoulder.
When USCIS Gets It Wrong: Common Errors in T-Visa RFES
Even when survivors provide clear and powerful evidence, USCIS sometimes issues Requests for Evidence filled with mistakes. These errors don’t mean your story is weak-they show how inconsistent the system can be. Knowing the patterns can help you understand what’s happening and why experienced legal help matters.
A. Ignoring the Definition of Trafficking USCIS officers often list facts-like withheld pay, confiscated documents, or not being allowed bathroom breaks that clearly meet the definition of trafficking, and then conclude it’s “not trafficking.”
Attorney Narciso Cruz explains: “Time and again, I’ve seen USCIS write out all the coercive details, but then claim those same facts don’t qualify. The law is clear-those are classic signs of trafficking. When this happens, we turn their own words back on them and show how they’ve already proven the case for us.”
B. The “Sole Purpose” Error Sometimes USCIS argues that traffickers must have recruited someone only for forced labor or servitude.
Cruz’s insight: “That’s just not how real life works. Traffickers often have more than one motive-maybe they want money, free labor, or even emotional control. The law recognizes this. You don’t have to prove your trafficker had a single motive, only that coercion or force kept you trapped.”
C. Family or Community Connections Dismissed If a trafficker is a relative, neighbor, or someone from your community, USCIS may suggest that means it wasn’t trafficking.
Cruz responds: “I can’t tell you how many clients have said, ‘But it was my cousin or uncle, does it still count? Yes, it does. Traffickers often use trust to get close to victims. In fact, policy specifically acknowledges that recruitment through family ties or community connections is a well-documented pattern.”
D. The “Ongoing Control” Misconception Another USCIS mistake is claiming trafficking didn’t happen if the trafficker didn’t keep pursuing the survivor after escape.
Cruz emphasizes: “That’s simply not true. Survivors qualify even if they escaped or were liberated years ago. If ongoing control were required, no one who found the courage to leave would ever qualify. The law protects both current and former victims.”
E. Copy-Paste Boilerplate Language Sometimes RFEs include generic text that doesn’t even match the survivor’s facts. For example, an officer might write, “You voluntarily worked in a restaurant,” when the client never worked in one.
Cruz explains: “This is one of the most frustrating things we see. USCIS sometimes copies sections from another case without checking. We immediately point out these errors because if they can’t even get the facts right, their legal conclusions can’t stand.”
F. Mischaracterizing Immigration Threats In many cases, traffickers threaten to call immigration or have victims deported. USCIS sometimes admits this happened, but then says it wasn’t related to trafficking.
Cruz’s view: “Threats of deportation are textbook coercion. They trap victims in fear and force them to keep working. When officers try to dismiss this, I always ask: what else could those threats be meant for, if not to keep someone under control?”
G. Using Outdated Standards Some officers still rely on old regulations, treating law enforcement certifications (Supplement B) or “continued presence” as if they’re mandatory.
Cruz clarifies: “That’s outdated. Today, the law puts your statement at the center. Therapy records and supporting documents help, but you don’t need police cooperation to win. Our job is to remind USCIS of the law as it actually stands, not as it used to be.”
Why This Matters for Survivors
Each of these errors shows how survivors can get discouraged by letters that look official but are built on shaky reasoning. With the right response, many cases still get approved. As Narciso Cruz puts it:
“The system doesn’t always play fair. But your voice, your story, and the truth of your experience carry more weight than the mistakes USCIS makes. Our role is to make sure they hear you clearly and apply the law the way it’s written.”
A Survivor’s Journey (Illustrative Example)
(This is an illustrative example, not a real client.)
Maria came to the U.S. after paying a smuggler who promised her work. When she arrived, she was forced to clean houses for 12-hour days with no pay. The trafficker took her ID, told her she owed a debt, and threatened to call immigration if she stopped.
Maria applied for a T-Visa. A year later, USCIS sent an RFE asking for:
- Original signatures
- Proof she was still in the U.S. because of trafficking
- More evidence of extreme hardship
At first, Maria felt hopeless. But with guidance, she updated her statement, showed proof of therapy attendance, and explained how her trafficker’s threats kept her trapped. USCIS approved her case three months after the RFE response. The lesson: an RFE is a second chance, not the end.
Local Focus: Immigration Help in Southern California
If you’re in San Diego, Escondido, Valley Center, Riverside, San Bernardino, or Orange County, you’re not alone. Trafficking happens in restaurants, agriculture, domestic work, and factories across these communities. Survivors often think their experiences “don’t count.” They do.
At The Cruz Law Office, we:
- Connect survivors with therapy and local support services.
- Gather FOIA requests, affidavits, and service records to prove presence and hardship.
- Fight USCIS errors with clear, evidence-based responses.
Checklist: What Helps Strengthen Your Case
Bring what you have. We’ll help you gather the rest.
- Government ID or passport (even expired)
- Birth or marriage certificates
- Your story (statement about what happened)
- Therapy receipts or letters from providers
- Pay stubs, schedules, text messages, or photos
- FOIA or police records, if available
- Any reports or letters from NGOs, shelters, or clinics
- Updated addresses and timelines of your moves and jobs
- Handwritten signatures on all forms and statements
FAQs for Survivors
No. An RFE is not a denial. Many survivors are approved after sending a strong response. Think of it as USCIS asking for a second look at your case. It’s a chance to clarify details, add therapy records, and fix technical issues like signatures.
No. The law does not require you to have these. Most survivors never go to the police, and many win their T-Visas without law enforcement documents. Your personal statement is the main evidence. Police reports or certifications can help, but they are optional.
USCIS often asks for handwritten “wet” signatures. Even if your statement is strong, an electronic signature can trigger an RFE. The fix is simple-we send a new copy with your handwritten signature.
4) My trafficker was a family member-does that count?
Yes. Traffickers often exploit trust. We see many cases where a spouse, parent, uncle, or cousin was the trafficker. The law recognizes that family ties or community connections do not erase trafficking.
You may still qualify. The law allows several ways to prove you are “physically present on account of trafficking.” This can include receiving therapy, medical treatment, or other services in the U.S. because of what happened-even if the abuse occurred before your most recent entry.
That’s normal. Trauma affects memory. Survivors may forget dates, places, or small details. USCIS policy recognizes this. What matters most is being truthful and consistent about the core events and how they made you feel. Therapy can also help survivors explain their experiences more clearly over time.
No. Trafficking doesn’t always involve chains or physical violence. Threats, fraud, manipulation, and deportation fears are enough if they kept you working or trapped. Many survivors qualify without ever being physically restrained.
You can still qualify. The law protects survivors who escaped or were liberated. Ongoing control is not required. What matters is that you were trafficked in the first place.
Yes, but USCIS may ask questions about it. These issues can be handled with a waiver (Form I-192). What’s important is that you are honest and disclose everything so it can be addressed up front.
Sometimes yes, especially if USCIS wants more detail. But you won’t have to face your trafficker. Most survivors simply provide a written statement with the help of their attorney. Therapy also helps survivors process trauma so they can share their story in a safe, supported way.
It varies. Some cases are approved within a few months, others take longer depending on USCIS backlogs. Responding quickly and completely gives your case the best chance of moving faster.
Don’t panic. Therapy records help, but they are not required. Your personal declaration alone can be enough. If therapy isn’t possible right away, other forms of support (letters from friends, community leaders, or NGOs) can also help show impact.
Yes. Many family members can apply as “derivatives” of your T-Visa. This is one of the most powerful parts of T-Visa protection: it not only keeps you safe, it can also reunite your family and protect them from deportation.
You may still qualify. T-Visas protect against removal, and many survivors with past deportation or removal orders have won approval. What matters is filing before your case is decided.
It happens, but that’s why detail, therapy support, and strong legal advocacy matter. If USCIS overlooks or misapplies the law, an experienced attorney can correct their reasoning and show how your story meets the legal definition of trafficking.
Key Takeaways for Survivors
- Don’t panic. An RFE is not the end of your case.
- Your story is powerful. Your words matter more than police reports.
- Therapy helps. It strengthens your statement and proves ongoing impact.
- Act fast. Deadlines are strict.
- Don’t wait until it’s too late.
- The right help matters. Many denials happen because survivors filed without experienced guidance.
If you or someone you love has survived trafficking and received an RFE, don’t wait. Call 877-619-8472 today for a confidential case analysis. Do it for your family. Do it for your future. Do it for your peace of mind.
Disclaimer This blog provides general information, not legal advice. Every case is different-consult an attorney for personalized guidance.