Nassau County Immigration Attorney Rajat Shankar Explains T Visa Protections for Trafficking Victims in New York

PLAINVIEW, NY - Victims of severe forms of human trafficking may qualify for temporary legal status, work authorization, and a pathway to permanent residence under federal immigration law, yet many survivors do not realize they are eligible for these protections. Nassau County immigration attorney Rajat Shankar of Shankar & Associates PC (https://shankarlaw.com/new-york-t-visa-immigration-lawyer/) is providing guidance on the T visa program, its eligibility requirements, and the benefits available to trafficking survivors in New York.

According to Nassau County immigration attorney Rajat Shankar, the T visa is a non-immigrant visa created by Congress through the Trafficking Victims Protection Act of 2000 that allows victims of severe trafficking to remain in the United States for up to four years. Under 22 U.S.C. Section 7102, severe forms of trafficking include 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. The annual cap for principal T visa applicants is 5,000 per fiscal year, though this limit has never been reached. "Many trafficking survivors do not realize they may qualify for legal protection," Shankar explains. "The T visa was designed to protect vulnerable individuals while encouraging cooperation with law enforcement."

Nassau County immigration attorney Rajat Shankar notes that applicants must satisfy four requirements to qualify. The applicant must demonstrate 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 have complied with reasonable law enforcement requests, and that they would suffer extreme hardship involving unusual and severe harm if removed from the country. Under 8 C.F.R. Section 214.11, the extreme hardship standard requires showing unusual and severe harm, and USCIS evaluates factors including the risk of retaliation from traffickers, access to services in the home country, and the severity of physical or psychological harm. Victims under 18 and those unable to cooperate due to physical or psychological trauma may be exempt from the law enforcement cooperation requirement.

The application process centers on Form I-914, filed with United States Citizenship and Immigration Services at no cost. Attorney Shankar advises that applicants should include a detailed personal statement describing their trafficking experience and supporting evidence such as police reports, medical records, psychological evaluations, photographs, and affidavits from social workers or shelter staff. An optional law enforcement declaration on Form I-914, Supplement B, provides strong supporting evidence, though it is not required for approval. USCIS data shows that approximately 16 percent of T-1 recipients included a Supplement B. "A thorough, well-documented application is critical given the growing backlog of pending cases," he notes.

T visa holders receive several important benefits upon approval, including employment authorization through an Employment Authorization Document issued automatically without a separate Form I-765 filing, access to federal and state benefits on the same basis as refugees, and protection from deportation during the authorized period of stay. In New York, eligible survivors may access Medicaid, the Supplemental Nutrition Assistance Program, Temporary Assistance for Needy Families, and mental health services. Qualifying family members may also receive derivative T visa status, with T-2 through T-6 designations available depending on the principal applicant's age at the time of filing.

After maintaining T nonimmigrant status for three years of continuous presence, Shankar notes that holders may apply for lawful permanent residence by filing Form I-485. The applicant must demonstrate good moral character, continued compliance with law enforcement, and extreme hardship if removed. Family members with derivative T status may also be eligible to adjust status at the same time. "The T visa is more than temporary protection," he observes. "It provides a meaningful path toward permanent residence and long-term stability in the United States."

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. The Bona Fide Determination process may provide interim relief, including deferred action and employment authorization, while the full application is adjudicated. If an applicant has a final order of removal and receives a bona fide determination, that order is automatically stayed while the case is pending.

Applicants whose T visa petitions are denied may file a motion to reopen or a motion to reconsider with the Administrative Appeals Office. Shankar advises that denied applicants may also qualify for other forms of immigration relief, including U visas, VAWA self-petitions, or asylum, depending on the circumstances.

For those who believe they may be victims of trafficking, contacting an experienced immigration attorney can help clarify available protections 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, the firm serves clients throughout Nassau County, Long Island, and New York. The firm offers flat-fee billing with no surprise costs. For consultations, call (800) 461-1467.

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Email: rajat.shankar@shankarlaw.com

Website: https://shankarlaw.com/

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