Continued Presence (CP) is a temporary immigration status that allows eligible trafficking victims to temporarily remain and work in the United States during a trafficking-related investigation, prosecution, or a federal civil action under 18 U.S.C. § 1595. It is not a visa, and you cannot apply for it yourself. But it does provide work authorization and protection from removal through deferred action, and it can help document facts that may support a later T visa application.
At Shankar & Associates PC, New York immigration attorney Rajat Shankar helps trafficking survivors across New York understand and pursue every available protection. Raj works closely with survivors to help document their cases, communicate with law enforcement when appropriate, and develop a strategy for pursuing long-term immigration stability and protection in the United States.
This guide explains what Continued Presence is, who can request it, how the process works in New York, how it differs from a T visa, and what steps survivors should take next.
If you are a trafficking survivor in New York, knowing your options early can help protect both your safety and your immigration future. Contact Shankar & Associates PC at (212) 461-1467 to discuss whether Continued Presence, a T visa, or other forms of immigration relief may be available in your situation.
What Is Continued Presence and Who Grants It?
Continued Presence is a temporary immigration designation that lets law enforcement keep a trafficking victim lawfully in the country during an active case. Continued Presence supports law enforcement investigations by permitting foreign national trafficking victims to remain in the United States while the crimes against them are investigated or prosecuted.
The authority for Continued Presence comes from federal regulation under 28 C.F.R. § 1100.35, which permits continued presence for victims of human trafficking. ICE’s Homeland Security Investigations (HSI), through the Center for Countering Human Trafficking (CCHT), processes Continued Presence requests.
Continued Presence is not a victim-filed U.S. Citizenship and Immigration Services (USCIS) application like a T visa. An experienced immigration lawyer can help a survivor connect with the right agency and document their case so a request is more likely to move forward.
Key Takeaway: Continued Presence is a temporary immigration relief status authorized under the Trafficking Victims Protection Act. It is requested by law enforcement agencies, not by the victim, and allows trafficking survivors to legally remain in the U.S. during an active investigation, prosecution, or qualifying civil action.
Who Qualifies for Continued Presence?
To qualify, an individual must be identified as a foreign national victim of a severe form of human trafficking who lacks lawful immigration status. Eligibility ultimately depends on whether Continued Presence is required to support an ongoing law enforcement investigation, prosecution, or qualifying federal civil action, and whether the agency submits the proper request with supporting information.
What Counts as a Severe Form of Trafficking?
A “severe form of trafficking” is defined under 22 U.S.C. § 7102 and falls into two categories. The first is sex trafficking, where a commercial sex act is induced by force, fraud, or coercion, or where the person induced to perform the act is under 18. The second is labor trafficking, involving the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services through force, fraud, or coercion for involuntary servitude, peonage, debt bondage, or slavery.
The “force, fraud, or coercion” standard is central for adult victims. Force can mean physical restraint or violence, fraud can mean false promises about work or pay, and coercion can include threats, document confiscation, or threats to report someone to immigration authorities.
There is an important exception for minors. Anyone under 18 induced into a commercial sex act is considered a victim of a severe form of trafficking, even without proof of force, fraud, or coercion.
What Does Law Enforcement Cooperation Require?
For Continued Presence tied to an investigation or prosecution, the primary requirement is that the victim is a potential witness to the crime. Active or ongoing cooperation with law enforcement is not a mandatory prerequisite for Continued Presence to be granted.
When a survivor does choose to assist, it may involve providing information or helping as the case develops. In practice, that can include reporting the crime, providing details about the trafficker, identifying other victims, or assisting prosecutors. Cooperation does not require testifying in every situation, and it never means a survivor must do anything that places them in immediate danger.
Key Takeaway: To qualify for Continued Presence, a federal, state, or local law enforcement agency must submit a request on the victim’s behalf to DHS. The victim must be identified as a trafficking victim and a potential witness, though active or immediate cooperation is not legally required to secure the initial status.
How Does the Continued Presence Process Work?
In New York, the Continued Presence process generally follows these steps, from identification through grant and documentation:
- Identification: A federal, state, or local agency in New York identifies a person as a potential trafficking victim during an investigation.
- Request submission: The agency prepares and submits a Continued Presence request to HSI on the victim’s behalf.
- DHS review: HSI reviews the request and supporting information to determine whether Continued Presence is appropriate for an identified victim of a severe form of trafficking.
- Grant and documentation: If approved, DHS grants Continued Presence, which comes with deferred action and employment authorization.
Because the request runs through law enforcement, survivors in New York benefit from working with both a victim advocate and an immigration attorney early. These advocates can help a survivor communicate with police or prosecutors while protecting their rights.
How Long Does Continued Presence Last?
Continued Presence is initially granted for two years and may be renewed in up to two-year increments while the qualifying investigation, prosecution, or federal civil action supports the need for it.
This renewable structure exists so a survivor is not forced out of the country mid-case. However, because Continued Presence is tied to the investigation, prosecution, or qualifying civil action, it may end or may not be renewed when that matter ends, which is why planning for a longer-term remedy is so important.
What Benefits Come With Continued Presence?
While active, Continued Presence provides several practical protections, including the following key benefits:
- Lawful presence in the United States during the case
- Employment authorization, so the survivor can work legally
- Protection from removal (deportation) through deferred action
- Access to certain federal benefits through certification by the U.S. Department of Health and Human Services (HHS) Office on Trafficking in Persons
These benefits give survivors something they rarely have during trafficking: stability. With legal status and the ability to work, a person can begin to rebuild while their case proceeds.
Key Takeaway: Continued Presence is granted in two-year increments and can be renewed. While active, it provides work authorization, protection from deportation, and may open access to federal assistance benefits, giving survivors stability while their case moves forward.
How Is Continued Presence Different From a T Visa?
The core difference is who acts and how long the protection lasts. Continued Presence is requested by law enforcement and is short-term, while the T visa is something the victim applies for directly and offers a longer-term path. Many survivors use Continued Presence as a bridge while preparing a T visa application.
T non-immigrant status, commonly called a T visa, is an immigration benefit for certain trafficking victims. It can provide status for up to four years and may later support a green card application if the applicant meets the requirements.
| Feature | Continued Presence | T Visa |
|---|---|---|
| Duration | 2 years (renewable) | 4 years |
| Work authorization | Yes | Yes |
| Path to a green card | No direct path | Yes (after 3 years) |
| Initiated by | Law enforcement agency | Victim/attorney |
Key Takeaway: Continued Presence is a short-term law enforcement tool; the T visa is a longer-term immigration remedy the victim applies for directly. Many survivors use Continued Presence as a bridge while preparing their T visa application.
Nassau County Immigration Attorney – Shankar & Associates PC
Rajat Shankar, Esq.
Attorney Rajat (Raj) Shankar is a New York immigration attorney whose work is shaped by his own experience as an immigrant. After coming to the United States at eight years old, obtaining a green card, and later becoming a U.S. citizen, he developed a firsthand understanding of the challenges many immigrants face. He 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. He was admitted to the New York State Bar in 2013.
Raj represents individuals, families, workers, and employers in a wide range of immigration matters, including employment-based immigration, asylum, cancellation of removal, deportation defense, and humanitarian relief. He has handled both immigrant and nonimmigrant employment-based cases and helps clients address challenging immigration issues with clear guidance, personalized attention, and practical solutions.
Can Continued Presence Help You Get a T Visa in New York?
Yes, Continued Presence and the T visa work well together, and Continued Presence often strengthens a later T visa application. While Continued Presence keeps a survivor in New York safely and legally, an attorney can prepare the T visa petition with USCIS in the background.
The connection runs through cooperation and documentation. To support a T visa, applicants may submit Form I-914, Supplement B from a law enforcement agency. While this declaration is technically optional, USCIS treats it as primary evidence of a victim’s cooperation.
Continued Presence does not guarantee a T visa, and the two have separate legal standards. Still, the evidence gathered during Continued Presence, including identification as a victim, a record of cooperation, and law enforcement involvement, often makes the T visa case stronger and easier to document.
Key Takeaway: Continued Presence and the T visa are complementary tools. The cooperation and law enforcement certification established during a Continued Presence period can support a T visa application, making it easier to demonstrate eligibility to USCIS.
Does Continued Presence Protect Sex Trafficking Victims Specifically?
Yes. Sex trafficking can qualify as a severe form of trafficking under 22 U.S.C. § 7102 when a commercial sex act is induced by force, fraud, or coercion, or when the person induced to perform the act is under 18.
For adult survivors, the case generally must show that a commercial sex act was induced through force, fraud, or coercion. That coercion can take many forms, including threats, manipulation, isolation, or the confiscation of identity documents.
Minors are treated differently. Anyone under 18 who is induced into a commercial sex act is considered a victim of a severe form of trafficking under federal law, with no need to prove force, fraud, or coercion.
Key Takeaway: Sex trafficking victims, including minors exploited through commercial sex acts, are explicitly protected under the Trafficking Victims Protection Act. In New York, federal, state, or local law enforcement may be involved in identifying trafficking victims and helping move a Continued Presence request forward, depending on the case.
What Should a Trafficking Victim in New York Do First?
If you are in immediate danger, call 911 first. When it is safe to do so, contact a trusted victim advocate, organization, or immigration attorney with a focus on trafficking cases before giving detailed statements or signing paperwork that could affect your immigration case.
When you do speak with a lawyer, ask directly about both Continued Presence and the T visa, and how they fit your situation. Ask what evidence helps, what cooperation may be expected, and what timeline to expect.
It also helps to know that confidentiality protections exist. Immigration attorneys keep your information private, and survivor-focused processes are designed to limit unnecessary exposure of your identity.
The National Human Trafficking Hotline can be reached at 1-888-373-7888 or by texting 233733, and it can connect victims and survivors with support services.
Talk to a New York Immigration Attorney About Continued Presence
Trafficking survivors often hesitate to come forward because of concerns about deportation, retaliation from a trafficker, or interactions with law enforcement. Those concerns are understandable, but staying silent can also mean missing protections created specifically to help trafficking survivors. You do not have to face this process alone.
NY immigration attorney Rajat Shankar guides survivors through Continued Presence questions, T visa applications, and USCIS proceedings with confidentiality and respect. From our Plainview office, Shankar & Associates PC serves clients across Long Island and all of New York. We can help you determine whether Continued Presence may be available in your case and how to build a strong T visa application.
Call Shankar & Associates PC at (212) 461-1467 for a confidential consultation. Our office at 518 Plainview Rd in Plainview serves survivors throughout Nassau County, Long Island, and New York State.
Frequently Asked Questions About Continued Presence
Can I apply for Continued Presence myself?
You cannot apply for Continued Presence directly. A Continued Presence request generally must be submitted through the proper law enforcement process, and DHS/ICE guidance also recognizes Continued Presence in connection with qualifying civil actions against traffickers.
What happens to my Continued Presence if law enforcement stops my case?
Continued Presence is tied to an active investigation or prosecution, so it may not be renewed once the case closes. This is one of the main reasons survivors are encouraged to pursue a T visa, which is not dependent on an ongoing case in the same way.
Does Continued Presence affect my ability to get a T visa?
Continued Presence does not guarantee a T visa, but it can support your application. The victim identification and law enforcement cooperation documented during a Continued Presence period often help establish T visa eligibility with USCIS.
How long does it take to get Continued Presence approved?
Processing times vary because HSI reviews each request individually. Because Continued Presence is meant to support active cases, agencies can treat urgent situations with priority, but there is no fixed, guaranteed timeline.
Can my family members get protection too?
Continued Presence itself is focused on the trafficking victim. A T visa, however, may allow certain qualifying family members to apply for derivative status, depending on the principal applicant’s age and family relationship.
Is Continued Presence available to undocumented trafficking victims in New York?
Yes. Continued Presence is designed for trafficking victims who need temporary immigration protection to remain and work in the United States during a trafficking-related matter.
What is the difference between Continued Presence and deferred action?
Continued Presence grants a form of deferred action, meaning the government agrees not to pursue removal for a period of time. However, Continued Presence is specific to trafficking victims and carries additional benefits, including work authorization and potential access to federal assistance.
Will cooperating with law enforcement put me in danger?
Safety is a serious and valid concern. Attorneys and victim advocates can help you navigate cooperation in a way that considers your safety, and certain protections exist to limit unnecessary exposure of your identity.