PLAINVIEW, NY - Survivors of severe trafficking in the United States may be eligible for a T visa, which allows qualifying individuals to remain in the country for an initial period of up to four years, obtain work authorization, and potentially apply for lawful permanent residence. Nassau County immigration attorney Rajat Shankar of Shankar & Associates PC (https://shankarlaw.com/t-visa-eligibility-requirements-ina-101a-15-T/) is providing detailed guidance on the five federal eligibility requirements that applicants must satisfy, the types of evidence that can support a strong application, and the waiver options available to those facing admissibility concerns.
According to Nassau County immigration attorney Rajat Shankar, the first requirement asks the applicant to demonstrate that they were subjected to a severe form of trafficking in persons as defined under 22 U.S.C. Section 7102. Federal law recognizes two categories: one involving commercial acts induced by force, fraud, or coercion, and another involving the recruitment, harboring, transportation, provision, or obtaining of a person through force, fraud, or coercion for involuntary servitude, peonage, debt bondage, or slavery. If the victim was under 18 years old at the time, the force, fraud, or coercion element does not need to be proven. A person does not need to have been physically moved across borders to qualify, as trafficking can occur entirely within a single community. "United States Citizenship and Immigration Services evaluates T visa eligibility under an any credible evidence standard, which means the agency considers a wide range of documentation including personal statements, police reports, medical records, and statements from social workers or shelter staff," explains Shankar.
Nassau County immigration attorney Rajat Shankar notes that the second requirement is physical presence in the United States on account of the trafficking. Under 8 C.F.R. Section 214.207, this can include being brought to the country for trafficking, remaining because of the trafficking, or being allowed entry to participate in the investigation or prosecution of trafficking. The third requirement involves compliance with any reasonable request for assistance from a federal, state, tribal, or local law enforcement agency. There are two important exceptions: victims under 18 years of age are completely exempt from the cooperation requirement under 8 C.F.R. Section 214.202(c)(1), and victims who cannot cooperate due to physical or psychological trauma may also qualify for an exemption. Form I-914, Supplement B, completed by a law enforcement officer, serves as valuable evidence of cooperation but is not required for approval. Applicants who do not have a law enforcement certification can submit other credible evidence such as police reports, court records, correspondence with investigators, or statements from victim advocates.
Attorney Shankar highlights that the fourth requirement asks the applicant to demonstrate that removal from the United States would cause extreme hardship involving unusual and severe harm, a standard higher than the ordinary hardship that often accompanies removal. USCIS evaluates this element on a case-by-case basis, considering factors including the risk of retaliation from the trafficker, the severity of physical or psychological harm suffered, whether adequate medical care and legal protections exist in the home country, the likelihood of being re-trafficked, and the impact on dependent children or family members. "A detailed personal declaration describing specific fears and circumstances, combined with country conditions evidence and expert assessments, can significantly strengthen this part of an application," Shankar advises.
The fifth requirement is admissibility to the United States. Congress recognized that trafficking survivors often have inadmissibility issues resulting directly from their experience, such as unlawful entry or work without authorization arranged by the trafficker. Two statutory waivers are available to T visa applicants: the trafficking-specific waiver under INA Section 212(d)(13), which covers inadmissibility grounds connected to the trafficking and is considered first, and the general nonimmigrant waiver under INA Section 212(d)(3), which USCIS may consider if the first waiver does not apply. Applicants request a waiver by filing Form I-192 along with supporting evidence explaining how the grounds of inadmissibility are connected to the trafficking experience.
The team at Shankar & Associates PC works directly with clients throughout New York and Long Island to gather evidence, prepare personal declarations, and file applications with USCIS. In Nassau County and surrounding communities, survivors may also access support through the New York State Office of Temporary and Disability Assistance, which coordinates with law enforcement agencies and district attorneys under New York Social Services Law Section 483-bb to help victims access services.
"Identifying legal rights and the protections available is a vital step toward securing immigration status and beginning the rebuilding process," notes Shankar. An experienced immigration attorney can help determine which waiver applies, identify the strongest evidence to support each eligibility requirement, and prepare the application to present the most compelling case for approval.
For trafficking survivors in New York seeking guidance on their immigration options, contacting a knowledgeable immigration attorney may provide clarity on the T visa process and the protections available under federal law.
About Shankar & Associates PC:
Shankar & Associates PC is a Plainview-based immigration law firm focused on employment-based immigration and humanitarian visa cases. Led by attorney Rajat Shankar, who earned his J.D. magna cum laude from Touro Law Center and has served as Chair of the Immigration Committee for the Nassau County Bar Association, the firm represents 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/
