The personal statement is one of the most important parts of a T Visa application, but you do not need a perfect or complete account of what happened to qualify. Your statement must describe your trafficking experience, how your physical presence in the United States relates to the trafficking, the hardship or harm you fear if removed from the United States, and whether you complied with any reasonable law enforcement request or qualified for the age exemption or trauma exception.
At Shankar & Associates PC, New York T Visa immigration lawyer Rajat Shankar, who earned his J.D. Magna Cum Laude from Touro College Jacob D. Fuchsberg Law Center, draws on his own experience as an immigrant to help trafficking survivors prepare strong T Visa applications. Our team serves clients across Nassau County, Queens, and the greater New York metro area, with a focus on T Visa cases for victims.
If you are a trafficking survivor preparing a T Visa application, call Shankar & Associates PC at (800) 461-1467 to schedule a consultation.
What Is the Purpose of the T Visa Personal Statement?
The personal statement is the survivor’s detailed, signed account, filed with Form I-914. The U.S. Citizenship and Immigration Services (USCIS) uses it to evaluate the facts of the victimization, how the survivor’s physical presence in the United States relates to the trafficking, the hardship or harm the survivor fears if removed, and whether the survivor complied with any reasonable law enforcement request or qualifies for the age exemption or trauma exception.
The personal statement should align with and be supported by corroborating evidence, such as police reports, medical records, and witness statements.
What Must a T Visa Personal Statement Include?
A complete personal statement should address how the trafficking occurred, when and how long it lasted to the extent possible, who was responsible, how the applicant entered or remained in the United States if related to the trafficking, how the applicant’s physical presence in the United States relates to the trafficking, the hardship or harm feared if removed, and whether the applicant complied with any reasonable law enforcement request or qualifies for the age exemption or trauma exception.
How Should the Survivor Describe the Trafficking Situation?
Your statement should explain how you were recruited, transported, or controlled by the trafficker. Use plain, specific language rather than legal terminology.
“Force, fraud, or coercion” can look different in every case. In labor trafficking, common examples include:
- A recruiter promising legitimate employment but delivering the worker to exploitative conditions
- An employer confiscating passports or immigration documents to prevent the worker from leaving
- Threats of deportation, physical harm, or harm to family members
- Requiring workers to repay inflated debts for travel, housing, or recruitment fees (debt bondage)
- Isolating workers from outside contact or monitoring their communications
Instead of writing “my employer threatened me,” explain what the threat was, when it happened, and how it affected your ability to leave. Specific details are what allow USCIS adjudicators to connect your account to the legal definition of trafficking.
What Details About Harm and Control Should Be Included?
The statement should document the physical, psychological, and financial control methods your trafficker used. Describe any physical abuse, unsafe working conditions, or denial of medical care. Explain psychological harm such as fear, anxiety, depression, and isolation. If you experienced debt bondage, describe the amounts, what the debt was supposedly for, and how it limited your freedom. If your wages were withheld, reduced, or stolen, describe how payment worked or did not work.
How Should Law Enforcement Cooperation Be Addressed?
Under USCIS rules, a T Visa applicant generally must at least contact a law enforcement agency with jurisdiction to report the trafficking and must comply with any reasonable request for assistance, unless the applicant qualifies for the age exemption or trauma exception. Your statement should describe any law enforcement contact, including when you reported, which agency you contacted, what information you provided, and whether you complied with later requests. If a law enforcement agency completed Form I-914, Supplement B, reference it in your statement.
If you were unable to cooperate due to physical or psychological trauma, explain why. Federal law provides a trauma exception for applicants who cannot cooperate because of physical or psychological trauma. Credible evidence may include the applicant’s personal statement, a statement from a medical professional, mental health professional, social worker, or victim advocate, medical or psychological records, witness statements, police reports, court records, or other credible evidence.
Key Takeaway: A complete T Visa personal statement addresses how the trafficking occurred, what harm you suffered, and how you cooperated (or were unable to cooperate) with law enforcement.
How Should a Survivor Organize and Write the Statement?
Organizing a T Visa personal statement clearly can help USCIS understand the survivor’s experience and how it relates to each eligibility requirement. While USCIS does not require a strict format, statements are generally most effective when they present events in a logical order, use plain language, and explain any memory gaps caused by trauma.
What Format and Length Does USCIS Expect?
USCIS does not require a specific format. A chronological structure typically works best: start with how you were recruited or first encountered the trafficker, describe the trafficking period, explain how you came to be in the United States, and describe how the trafficking ended or how you escaped. Most personal statements range from two to five pages. Write in the first person, use plain language, and avoid legal jargon.
How Can the Statement Be Written Through Trauma?
Trauma-informed writing acknowledges that survivors may not have a complete, linear memory of what happened. Post-traumatic stress disorder (PTSD), depression, and anxiety can cause memory gaps, fragmented recall, and difficulty placing events in exact chronological order.
If you cannot remember specific dates, locations, or sequences, say so directly. Writing “I do not remember the exact date, but it was during the winter of 2021” is far stronger than guessing or leaving out the information entirely. Working with an attorney helps ensure the statement addresses every legal element while keeping it in the survivor’s own voice.
What Mistakes Can Weaken a New York T Visa Application?
Even when a survivor qualifies for a T Visa, avoidable mistakes in the personal statement can weaken the application or lead to requests for additional evidence. The most effective statements clearly connect the survivor’s experience to the legal requirements, remain consistent with supporting documents, and explain any gaps or inconsistencies directly.
- Vague language that does not connect to legal criteria: Writing “my employer was mean to me” does not establish trafficking. Instead, describe specific actions: “My employer took my passport when I arrived and told me I could not leave until I repaid the $15,000 he said I owed for travel costs.” The second version demonstrates force and debt bondage, which are legal elements USCIS needs to see.
- Inconsistencies with other application documents: If your personal statement says the trafficking lasted two years, but the police report says eighteen months, USCIS will notice. Before filing, compare your statement with every supporting document, including the Form I-914, Supplement B declaration, police reports, medical records, and witness statements, and address any differences directly.
- Failing to address law enforcement cooperation: Even if you cooperated fully, some survivors forget to describe that cooperation in detail. Others skip the topic entirely when they were unable to cooperate. Either way, the statement must address this element, either positively or through the trauma-based exception.
- Over-relying on general suffering without legal connection: Each description of harm should connect to an eligibility element. Harm caused by the trafficking can support the victimization and hardship analysis. Fear of returning to your home country should be tied to the T Visa requirement of extreme hardship involving unusual and severe harm upon removal.
Key Takeaway: The most common mistakes in T Visa personal statements include using vague language that does not connect to the legal definition of trafficking, contradicting details in other documents, and failing to address law enforcement cooperation.
New York T Visa Attorney in New York – Shankar & Associates PC
Rajat Shankar, Esq.
Rajat “Raj” Shankar is a T visa immigration attorney whose work is shaped by his own experience as an immigrant. He came to the United States at eight years old, obtained his green card, and later became a U.S. citizen, an experience that inspired him to help others through the immigration process. Raj has experience across all areas of immigration law, including Cancellation of Removal, Asylum, and Deportation Defense, with a primary focus on Employment-Based Immigration. He has handled both immigrant and nonimmigrant employment-based cases for workers and employers.
Raj earned his J.D., magna cum laude, from Touro College Jacob D. Fuchsberg Law Center in 2012 and holds a B.A. in Mathematics from East Stroudsburg University (2008). He has been admitted to the New York bar since 2013.
How Does Supporting Evidence Work with the Personal Statement?
A personal statement becomes significantly stronger when supported by corroborating documents. Key types of supporting evidence include:
| Supporting Evidence | How It Helps a T Visa Application |
|---|---|
| Form I-914, Supplement B | Supports victimization and law enforcement cooperation |
| Police reports | Documents reports related to the trafficking |
| Medical records | Shows physical or psychological harm caused by the trafficking |
| Witness statements | Corroborates the survivor’s account |
| Employment records | Shows labor conditions, withheld wages, or debt bondage |
| Photos or communications | Supports details described in the personal statement |
What New York Agencies Can Provide Supporting Documentation?
In New York, the Division of Criminal Justice Services (DCJS), in consultation with the Office of Temporary and Disability Assistance (OTDA), reviews referrals and may issue confirmation that a person meets the criteria as a human trafficking victim in New York State. Safe Horizon’s Anti-Trafficking Program assists survivors of labor and sex trafficking with legal and social services, including counseling, basic-needs support, housing, public benefits connections, and legal-system advocacy. Law enforcement declarations for T Visa purposes come from agencies with authority over the trafficking investigation.
Federal agencies, including the Federal Bureau of Investigation (FBI), U.S. Immigration and Customs Enforcement (ICE), and the Department of Labor, can also issue Form I-914, Supplement B declarations when involved in the investigation.
Key Takeaway: In New York, survivors may seek a Form I-914, Supplement B LEA declaration from a federal, state, tribal, or local agency with authority over the trafficking investigation. They may also seek supporting documentation from victim service providers, including organizations such as Safe Horizon.
Can a Child Trafficking Survivor Write a Different Statement?
Yes. A survivor who was under 18 when at least one act of trafficking occurred is exempt from the law enforcement cooperation requirement, but they still need evidence of age. For sex trafficking, a commercial sex act involving a person under 18 can qualify as a severe form of trafficking without proving force, fraud, or coercion. Labor trafficking involving a minor still generally requires proof of force, fraud, or coercion used for involuntary servitude, peonage, debt bondage, or slavery.
For a child sex trafficking survivor, the statement does not need to prove force, fraud, or coercion if the commercial sex act occurred while the survivor was under 18. Instead, the statement should focus on describing what happened, who was involved, and the harm experienced.
Key Takeaway: Child trafficking survivors are exempt from the law enforcement cooperation requirement if they were under 18 when at least one trafficking act occurred. For sex trafficking involving a minor, force, fraud, or coercion does not need to be proven; labor trafficking cases still generally require evidence of force, fraud, or coercion.
What Happens After the Personal Statement Is Submitted?
After you file Form I-914 and your personal statement, USCIS assigns your case to an adjudicator who reviews the statement, supporting evidence, and all forms for completeness.
If the application does not fully address one or more eligibility criteria, USCIS may issue a Request for Evidence (RFE) asking for additional information within a set deadline. RFEs related to personal statements typically ask for more detail about a specific eligibility element, such as law enforcement cooperation or the force, fraud, or coercion used.
T Visa processing times change, so applicants should check USCIS’s current processing-time tool for Form I-914 rather than relying on a fixed estimate. For applications filed on or after August 28, 2024, USCIS conducts a bona fide determination review. A signed personal statement is one of the initial review criteria. If USCIS determines the application is bona fide, it will issue a written notice and may consider the applicant for deferred action and employment authorization if an employment authorization application has been filed. If approved, a T nonimmigrant status is generally granted for up to four years and may provide a path to lawful permanent residence.
Key Takeaway: After filing, USCIS may issue a Request for Evidence if the personal statement does not fully address eligibility criteria. Survivors typically work with their attorney to respond by supplementing the statement with additional detail or corroborating documents.
Legal Guidance for Trafficking Survivors Preparing a T Visa Application
Writing about your trafficking experience is deeply personal, legally significant, and emotionally demanding. New York immigration attorney Rajat Shankar has helped trafficking survivors on Long Island and throughout New York prepare T Visa personal statements that address every eligibility requirement.
At Shankar & Associates PC, our T Visa immigration lawyers take a trauma-informed approach, guiding you through the process at your pace and connecting you with agencies that can provide supporting documentation.
Call Shankar & Associates PC at (800) 461-1467 for a consultation. Our office in Plainview serves clients across Nassau County, Queens, and all of New York.
Frequently Asked Questions for a T Visa Immigration Lawyer
Does my personal statement have to be in English?
USCIS requires all documents to be in English or accompanied by a certified English translation. If you are more comfortable writing in another language, prepare your statement in your native language and have it professionally translated. Submit both the original and the certified translation.
How long should a T Visa personal statement be?
Most effective personal statements are two to five pages long. A concise, focused statement that ties each experience to a legal requirement is stronger than a lengthy account that lacks specific detail.
What if I can’t remember all the details of what happened to me?
This is common and expected. Trauma, PTSD, and the passage of time all affect memory. USCIS recognizes that trauma and the passage of time can affect memory and recall. If you cannot recall a specific date, name, or sequence of events, state that directly rather than guessing or leaving it out.
What if my account is inconsistent with what I told the police?
Inconsistencies are common in trauma cases. Memory shifts over time, and initial reports to law enforcement are often incomplete because survivors may not feel safe disclosing everything at first. Address inconsistencies directly in your statement by explaining why the accounts differ rather than ignoring the differences.
Do I need a law enforcement certification to submit my T Visa application?
A law enforcement certification (Form I-914, Supplement B) strengthens your application, but it is not strictly required for filing. USCIS accepts other evidence of law enforcement cooperation, such as police reports, court documents, or communication records. If you cannot obtain a certification, your personal statement and other evidence can still establish that you meet the cooperation requirement, or that you qualify for the trauma-based exception.
Can my T Visa personal statement be used against me in any legal proceeding?
Your personal statement becomes part of your immigration filing, so it should be accurate and carefully reviewed before submission. Federal confidentiality rules restrict DHS and other covered agencies from disclosing information about pending or approved T Visa applicants except in limited circumstances, and they restrict adverse admissibility or deportability decisions based solely on information from traffickers.