PLAINVIEW, NY - Survivors of severe trafficking in New York may qualify for temporary legal status, employment authorization, and a pathway to permanent residence and eventual citizenship through the federal T visa program, yet many individuals do not recognize that their experiences meet the legal definition of trafficking. Nassau County immigration attorney Rajat Shankar of Shankar & Associates PC (https://shankarlaw.com/new-york-t-visa-immigration-lawyer/sex-trafficking-victims/) is providing guidance on T visa eligibility requirements and the protections available to trafficking survivors across Long Island and Nassau County.

According to Nassau County immigration attorney Rajat Shankar, the T visa allows victims of severe forms of trafficking to remain in the United States for up to four years while they recover and assist law enforcement. Congress created the T visa through the Trafficking Victims Protection Act of 2000, and a final rule that took effect on August 28, 2024 updated the Bona Fide Determination framework for applications filed on or after that date. Under federal law, severe trafficking includes both labor trafficking through force, fraud, or coercion for involuntary servitude, peonage, debt bondage, or slavery, and trafficking involving commercial exploitation induced by force, fraud, or coercion. For victims under 18, force, fraud, or coercion does not need to be established because federal law recognizes that minors cannot consent to commercial exploitation. "Many survivors do not identify their situation as trafficking," Shankar explains. "Understanding the legal definition and the protections available is an important first step toward safety."

Nassau County immigration attorney Rajat Shankar notes that applicants must demonstrate four elements to qualify for a T visa: that they were subjected to a severe form of trafficking, that they are physically present in the United States on account of the trafficking, that they complied with reasonable law enforcement requests from agencies such as the FBI, Homeland Security Investigations, or the Nassau County District Attorney's Office, and that they would suffer extreme hardship involving unusual and severe harm if removed. Applicants do not need to have been transported across international borders to qualify, and trafficking that occurs entirely within New York is covered. Exceptions to the law enforcement cooperation requirement exist for victims under 18 and those who experienced severe physical or psychological trauma that prevents participation. "The trauma exception recognizes that some survivors cannot safely or realistically participate in an investigation," he adds.

The application process centers on Form I-914, filed with USCIS at no cost. Applicants should include a detailed personal statement describing their trafficking experience, including dates, locations, the identity of their traffickers if known, and methods of force, fraud, or coercion used. An optional law enforcement declaration on Form I-914, Supplement B, provides strong supporting evidence, though it is not strictly required, and other credible evidence may be submitted instead. USCIS applies an "any credible evidence" standard, accepting police reports, medical records, psychological evaluations, photographs, communications with the trafficker, and affidavits from social workers or counselors. Attorney Shankar recommends filing Form I-765 for employment authorization concurrently with the I-914 to take advantage of the Bona Fide Determination process.

Under the 2024 final rule codified at 8 C.F.R. Section 214.205, if USCIS determines an application is bona fide, the applicant may receive deferred action and employment authorization while the full case is adjudicated. If an applicant has a final order of removal, deportation, or exclusion and receives a bona fide determination, that order is automatically stayed while the case is pending. This is a significant protection for survivors who may have been placed in removal proceedings before being identified as trafficking victims. USCIS received approximately 8,598 T-1 applications in fiscal year 2023 and approved 2,181, with roughly 9,394 applications pending at the end of the fiscal year.

T visa holders receive several critical benefits, including permission to remain in the United States for up to four years, employment authorization upon approval, access to federal and state benefits, and protection from removal. Qualifying family members may receive derivative status through Form I-914, Supplement A, with eligible relatives depending on the principal applicant's age at the time of filing. After three years of continuous physical presence in T nonimmigrant status, Shankar observes, holders may apply for lawful permanent residence by filing Form I-485, and may eventually apply for United States citizenship after five years of permanent residence. "The T visa provides a meaningful path toward permanent stability," he notes. "Each stage of the process has its own requirements, and thorough preparation from the outset can make a significant difference."

Trafficking survivors in New York can access confidential resources including the National Human Trafficking Hotline at 1-888-373-7888, available 24 hours a day in more than 200 languages, the Nassau County District Attorney's tip line at (516) 571-7755, and The Safe Center LI, which provides crisis counseling, case management, legal referrals, and shelter assistance. The New York State Interagency Task Force on Human Trafficking coordinates statewide efforts to identify and serve victims through 10 regional service providers offering culturally appropriate, trauma-informed case management. These services are available regardless of immigration status.

For those who believe they may be eligible for T visa protection, consulting with an experienced immigration attorney can help clarify the available options and begin the application process.

About Shankar & Associates PC:

Shankar & Associates PC is a Plainview-based immigration law firm dedicated to employment-based and humanitarian immigration cases. Led by attorney Rajat Shankar and attorney Srinivas Jayashankar, the firm brings over 45 years of combined immigration experience. The firm offers flat-fee billing with no surprise costs and serves clients throughout Nassau County, Suffolk County, and the greater New York area. For consultations, call (800) 461-1467.

Email: rajat.shankar@shankarlaw.com

Media Contact

Name
Shankar & Associates PC
Contact name
Rajat Shankar
Contact phone
(800) 461-1467
Contact address
518 Plainview Rd
City
Plainview
State
NY
Zip
11803
Country
United States
Url
https://shankarlaw.com/