Nassau County Immigration Attorney Rajat Shankar Explains Physical Presence Requirements for T Visa Eligibility

PLAINVIEW, NY - Trafficking survivors seeking immigration relief in New York must meet strict eligibility criteria, including a requirement that their current presence in the United States is causally connected to the trafficking they experienced. Nassau County immigration attorney Rajat Shankar of Shankar & Associates PC (https://shankarlaw.com/blog/physical-presence-t-visa/) explains what USCIS means by "physical presence on account of trafficking" under INA section 101(a)(15)(T)(i)(II) and how applicants can document this critical requirement.

According to Nassau County immigration attorney Rajat Shankar, being located in the United States is not enough on its own to satisfy this element of T visa eligibility. The applicant must demonstrate a recognized causal connection between their trafficking experience and their current presence in a qualifying location, which includes the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or a port of entry to one of those locations. "The connection between a survivor's trafficking experience and their presence in the United States is one of the most misunderstood elements of the T visa," Shankar explains. "Even applicants who were trafficked abroad may qualify if the trafficking is what brought them here."

Nassau County immigration attorney Rajat Shankar notes that the law does not require the trafficking to still be ongoing at the time of filing. Survivors who have escaped, been rescued, or been liberated by law enforcement may still establish this connection, provided that their personal statement and supporting evidence clearly show how the trafficking relates to their current U.S. presence. Qualifying connections can include current trafficking, escape before law enforcement involvement, liberation by authorities, past trafficking that directly relates to the applicant's presence, or entry for purposes of a trafficking-related investigation or judicial process.

Attorney Shankar emphasizes that applicants who voluntarily left or were removed from the United States after their trafficking experience face additional considerations. In general, DHS regulations treat such individuals as not meeting the physical presence requirement unless an exception applies, such as continued victimization, a new trafficking incident, lawful parole for participation in a trafficking-related proceeding, or return to receive specialized treatment unavailable in their home country. "Leaving the United States after trafficking doesn't automatically end someone's eligibility, but it does complicate the analysis significantly," notes Shankar. "An immigration attorney should review whether an exception applies before filing."

Shankar & Associates PC guides applicants through the evidentiary process of establishing the required connection, which typically involves a detailed personal statement submitted with Form I-914. USCIS accepts any credible evidence, and a strong application generally combines the personal declaration with third-party corroboration such as letters from nongovernmental organizations, medical or psychological records documenting trauma, travel documents, communications, and other supporting materials. Form I-914 Supplement B, an optional declaration from a law enforcement agency, may also help when it includes facts relevant to the applicant's current U.S. presence, though it is not required.

The firm serves trafficking survivors across Long Island, Nassau County, and New York City, providing guidance at every stage of the USCIS adjudication process.

For trafficking survivors in New York who need help documenting the physical presence requirement or building a T visa application, contacting an experienced immigration attorney may make a meaningful difference in the outcome of the case. Shankar & Associates PC is located at 518 Plainview Road in Plainview, New York. For consultations, call (800) 461-1467.

About Shankar & Associates PC:

Shankar & Associates PC is a Plainview-based immigration law firm dedicated to helping trafficking survivors and others navigate federal immigration processes. Led by attorney Rajat Shankar, the firm handles T visa applications, cancellation of removal, asylum, deportation defense, and employment-based immigration for clients across Long Island, Nassau County, and the greater New York metropolitan area. For consultations, call (800) 461-1467.

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Email: rajat.shankar@shankarlaw.com

Website: https://shankarlaw.com/

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Phone: (212) 461-1467
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