24/7 Emergency Access
24/7 Emergency Access
A T visa can provide a path to safety, work authorization, and eventually a green card for victims of severe forms of trafficking. New York is among the states with the highest reported cases of human trafficking in the country, and Long Island communities in Nassau County and Suffolk County are not immune to this crisis.
T Visa immigration lawyer Rajat Shankar of Shankar & Associates PC has spent his career helping immigrants through complex legal situations. As someone who immigrated to the United States at age eight and went through the immigration process himself, Raj brings both legal knowledge and a firsthand understanding of how overwhelming the system can feel.
This guide explains what a T visa is, who qualifies, and what benefits you can receive as a T visa holder. You will also learn about derivative visas for family members, the path from T visa to green card, and how a New York T visa differs from related immigration relief. Call Shankar & Associates PC at (800) 461-1467 to speak with an experienced New York immigration attorney about your case.
Decades of Experience. Genuine Understanding.
Shankar and Associates PC helped me with my legal status in this country thanks to him being able to get several benefits in this country which is not my country of residence but now after struggling I managed to achieve my dream of being in another country…
Real Attorneys. Real-time Responses.
A T visa is a non-immigrant visa that allows victims of severe forms of human trafficking to remain in the United States for up to four years. Congress created the T visa through the Trafficking Victims Protection Act of 2000 (TVPA), codified at INA Section 101(a)(15)(T), to protect trafficking survivors while encouraging cooperation with law enforcement.
Under 22 U.S.C. § 7102, “severe forms of trafficking in persons” fall into two categories: sex trafficking induced by force, fraud, or coercion (or involving a victim under 18), and labor trafficking through force, fraud, or coercion for involuntary servitude, peonage, debt bondage, or slavery. Both forms of trafficking are covered under the T visa program.
The annual cap for principal T visa applicants is 5,000 per fiscal year, though derivative family members are not subject to this limit. United States Citizenship and Immigration Services (USCIS) data through FY 2023 shows T-1 approvals have remained below the 5,000 annual cap. For example, USCIS received 8,598 T-1 applications and approved 2,181 in FY 2023, with 9,394 pending at the end of the fiscal year.
Key Takeaway: The T visa protects victims of both sex trafficking and labor trafficking, allowing them to stay in the United States for up to four years. Congress caps principal T visas at 5,000 per year, but this limit has never been reached.
Raj Shankar of Shankar & Associates PC can evaluate whether your situation qualifies for T visa protection. Call (800) 461-1467 for a confidential consultation.
To qualify for a T visa, you must meet four requirements established under federal immigration law. Each element must be supported with credible evidence when you file your application with USCIS.
You must show that you were subjected to sex trafficking through force, fraud, or coercion, or labor trafficking for the purpose of involuntary servitude, peonage, debt bondage, or slavery. If you were under 18 at the time of the trafficking, the force, fraud, or coercion element does not apply to sex trafficking cases.
You must be physically present in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry on account of the trafficking. This includes individuals who were allowed entry to participate in the investigation or prosecution of their trafficker.
You must have complied with any reasonable request for assistance from federal, state, or local law enforcement in the investigation or prosecution of the trafficking. There are two important exceptions:
You must demonstrate that you would suffer “extreme hardship involving unusual and severe harm” if removed from the United States. Under 8 C.F.R. § 214.11, this standard is higher than ordinary extreme hardship. USCIS evaluates factors including the risk of retaliation from traffickers, access to services in your home country, and the severity of physical or psychological harm you may face.
Key Takeaway: T visa eligibility requires proving four elements: you were a trafficking victim, you are present in the U.S. because of trafficking, you cooperated with law enforcement (with exceptions for minors and trauma survivors), and you would face extreme hardship if removed.
Shankar & Associates PC can review your circumstances and help determine whether you meet these requirements. Call (800) 461-1467 to schedule a consultation.
An incredible lawyer, he’s reasonably priced and, above all, committed to his clients. He seeks solutions and offers excellent advice. I highly recommend him.
The T visa application process requires careful preparation and thorough documentation. Filing an incomplete or poorly supported application can lead to delays or denial, which is why many applicants work with an immigration attorney from the start.
The primary application form is the Form I-914, Application for T Nonimmigrant Status, filed with the USCIS. This form requires detailed information about your trafficking experience and your cooperation with law enforcement.
Along with the I-914, you should submit a personal statement describing your trafficking experience in your own words. This declaration is one of the most important parts of your application because it helps USCIS officers understand what happened to you and why you qualify for protection.
The Form I-914, Supplement B (Declaration of Law Enforcement Officer for Victim of Trafficking in Persons) is an optional form that a federal, state, or local law enforcement officer can complete on your behalf. While not required, Supplement B provides strong evidence that you are a victim of trafficking and have cooperated with investigators. USCIS has reported that about 16% of T-1 recipients included a Form I-914 Supplement B.
If you do not submit a Supplement B, you can support your application with other credible evidence, including:
USCIS applies a “any credible evidence” standard when evaluating T visa applications, meaning the agency will consider a wide range of documentation.
Key Takeaway: T visa applicants file Form I-914 with the USCIS, along with a personal statement and supporting evidence. A law enforcement certification (Supplement B) is helpful but not required for approval.
Raj Shankar can help you prepare a strong application with the right supporting evidence. Contact Shankar & Associates PC at (800) 461-1467.
T visa status offers several critical protections and benefits that help trafficking survivors stabilize their lives in the United States.
Benefit | Details |
Legal Status | Temporary non-immigrant status for up to 4 years |
Work Authorization | Employment Authorization Document (EAD) under category (a)(16), issued automatically upon approval |
Government Benefits | May be eligible for certain federal and state benefits available to trafficking survivors |
Derivative Visas | Qualifying family members can receive T-2 through T-6 visas |
Path to Green Card | Eligible to apply for adjustment of status after 3 years of continuous presence |
Protection from Deportation | Cannot be removed while T visa application or status is active |
Once your T visa is approved, you are automatically eligible for an Employment Authorization Document (EAD). You do not need to file a separate Form I-765 to receive work authorization. USCIS may make a Bona Fide Determination (BFD) during processing. A BFD can support interim protections and may allow you to seek employment authorization while the case is pending (subject to USCIS eligibility rules and approvals).
T visa holders can receive federal and state benefits on the same basis as refugees. In New York, this includes access to Medicaid, the Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance for Needy Families (TANF), and mental health services.
Key Takeaway: A T visa provides work authorization, access to government benefits (including Medicaid and SNAP), protection from deportation, and a path to a green card after three years of continuous presence.
Shankar & Associates PC helps T visa applicants on Long Island access the protections they are entitled to under federal law. Call (800) 461-1467.
Immigration is Our Personal Story Too
Thanks to the good work of lawyer Shankar, my case was resolved favorably. He does a good job. Thank you very much.
Decades of Experience. Genuine Understanding.
Yes. Federal law allows principal T-1 visa holders to petition for certain family members to receive derivative T visa status. The specific family members who qualify depend on the age of the principal applicant at the time of filing.
You may petition for your spouse, children, parents, and unmarried siblings under 18. These family members receive T-2 through T-5 designations.
You may petition for your spouse and children only.
Regardless of your age, if a family member faces a present danger of retaliation because you escape from trafficking or cooperate with law enforcement, additional family members may qualify. This includes parents, unmarried minor siblings, and the children of qualifying family members.
To petition for family members, you file Form I-914, Supplement A (Application for Derivative T Nonimmigrant Status). This can be filed at the same time as your I-914, while it is pending, or after you have already received T status. Family members on derivative T visas are also eligible for work authorization and access to federal benefits.
Key Takeaway: T visa holders can bring qualifying family members to the United States through derivative T-2 through T-6 visas. The eligible family members depend on the principal applicant’s age, and special provisions exist when family members face danger from traffickers.
Raj Shankar can help you identify which family members qualify for derivative status and prepare their applications. Call Shankar & Associates PC at (800) 461-1467.
T visa processing times vary, but applicants should expect a significant wait. Processing times vary and can be lengthy, especially when USCIS has a high pending inventory.
One important feature of the T visa process is the Bona Fide Determination. After you file your application, USCIS may determine that your case presents a legitimate claim before completing full adjudication. If USCIS issues a Bona Fide Determination, you become eligible for an Employment Authorization Document (EAD), protection from removal, and access to federal benefits. This interim determination can provide critical relief while you wait for a final decision.
USCIS has been experiencing a growing backlog of T visa applications. As of FY 2023, the agency had approximately 9,394 pending T-1 applications, representing nearly two years’ worth of the annual visa cap. Strong initial applications with thorough documentation are more important than ever to avoid Requests for Evidence that add months to the timeline.
Key Takeaway: T visa processing times vary and may take many months or longer, depending on USCIS backlogs and case complexity. A Bona Fide Determination may provide interim work authorization and protection from removal while you wait.
Rajat Shankar founded Shankar & Associates PC alongside his father, Srinivas Jayashankar. Having immigrated to the United States at age eight, Raj’s personal experience with the immigration process informs his approach to every case. He earned his J.D. magna cum laude from Touro Law Center in 2012 and was admitted to the New York State Bar in 2013. Raj has served as Chair of the Immigration Committee for the Nassau County Bar Association.
Raj focuses on employment-based and humanitarian immigration cases, handling both immigrant and non-immigrant matters. His commitment to clients is reflected in the firm’s flat-fee billing model and direct attorney communication throughout the process.
The T visa is more than temporary protection. It can serve as a pathway to lawful permanent residence (a green card) through adjustment of status.
To apply for a green card as a T visa holder, you must meet these requirements:
To apply, you or your attorney files Form I-485 (Application to Register Permanent Residence or Adjust Status) with the USCIS. Family members with derivative T status may also be eligible to adjust status at the same time.
If you have a pending adjustment of status application, you must apply for advance parole before traveling outside the United States. Leaving without advance parole may be treated as abandonment of your green card application.
Raj Shankar of Shankar & Associates PC can guide you through the adjustment of status process from a T visa to permanent residence. Call (800) 461-1467 for more information.
Many victims do not realize they qualify for legal protection because they may not identify their situation as “trafficking.” In New York, the National Human Trafficking Hotline has identified over 5,000 cases statewide, and Long Island is among the top 20 jurisdictions nationally impacted by this crime, according to the U.S. Department of Justice.
Common warning signs of labor trafficking include an employer threatening to report you to immigration authorities, forcing you to work excessive hours without proper pay, withholding your wages or passport, or telling you that you owe a debt you must work to repay. Sex trafficking indicators include being controlled by another person who dictates when and where you work, having your identification documents taken, or being punished for refusing to engage in commercial sex acts.
If you suspect you or someone you know is a victim of trafficking in Nassau County, the following resources can help:
Recognizing the warning signs and reaching out to these resources can be the first critical step toward safety and protection.
A denial does not necessarily mean the end of your case. You can file a motion to reopen (with new evidence) or a motion to reconsider (arguing a legal or factual error) with the Administrative Appeals Office (AAO).
Applicants who are denied T visa status may also qualify for other forms of immigration relief, including U visas for victims of qualifying crimes, VAWA self-petitions for domestic violence victims, asylum for individuals facing persecution, or Continued Presence (CP) for potential witnesses in trafficking cases.
Be aware that, under current enforcement policies, a denial can have serious immigration consequences, especially if you lack another lawful status. Talk with an immigration attorney about strategy and risk before filing motions or reapplying.
Shankar & Associates PC can review denied T visa applications and help you explore your options. Contact our Long Island office at (800) 461-1467.
Media Assets
Surviving trafficking often leaves deep fear, trauma, and uncertainty about what comes next, especially when your immigration status feels tied to your safety. Those concerns are real, and they deserve careful, compassionate guidance.
Rajat Shankar of Shankar & Associates PC has over a decade of experience representing immigrants throughout Nassau County and Long Island. Attorney Shankar handles T visa applications, derivative family petitions, and adjustment of status cases, working directly with clients at every stage of the process.
Contact our Nassau County immigration lawyers at (800) 461-1467 for a consultation. Our office at 518 Plainview Road in Plainview serves clients throughout New York, Long Island, and Nassau County. Shankar & Associates PC offers flat-fee billing so you know the cost upfront, with no surprise charges.
Processing times may take 12 to 24 months. If USCIS issues a Request for Evidence, the process may take longer. A Bona Fide Determination may provide interim benefits while you wait.
You must comply with reasonable law enforcement requests, but victims under 18 and those unable to cooperate due to trauma are exempt from this requirement entirely.
Yes, if USCIS issues a Bona Fide Determination on your case. Once the T visa is granted, you receive work authorization automatically under the EAD category (a)(16) without needing to file a separate Form I-765.
There is no filing fee for Form I-914. Other filings you may pursue later (such as adjustment of status) can have fees, and some applicants may qualify to request a fee waiver depending on the form and USCIS rules.
Yes. After three years of continuous presence in T non-immigrant status (or after the trafficking investigation concludes, whichever is shorter), you can apply for lawful permanent residence by filing Form I-485.
Get Personalized Answers for Your Case
