New York Penal Law § 135.35 makes labor trafficking a state crime, but a conviction for a related charge under that statute is not required to secure federal T nonimmigrant status for victims. Police reports, court records, witness statements, and other credible evidence connected to a § 135.35 matter may help establish elements of a T visa application. USCIS applies federal eligibility standards independently, so the absence of an arrest, charge, or conviction does not by itself prevent approval.
At Shankar & Associates PC, T visa immigration attorney Rajat Shankar helps trafficking survivors pursue T nonimmigrant status using criminal, civil, employment, medical, and other records. He works with clients to document the trafficking, explain law enforcement contact or cooperation, and prepare a complete application for USCIS.
This guide explains what § 135.35 prohibits, how it connects to federal T visa requirements, and what evidence a labor trafficking case can provide.
If you experienced labor trafficking, Shankar & Associates PC can help you determine whether you may qualify for T nonimmigrant status. Call (800) 461-1467 to speak with T visa immigration attorney Rajat Shankar about your case.
What Does New York Penal Law § 135.35 Actually Prohibit?
New York Penal Law § 135.35 makes it a crime to obtain or maintain another person’s labor through force, fraud, or other specified forms of coercion. A person violates the statute by compelling someone to work or by recruiting, enticing, harboring, or transporting someone for labor using prohibited coercive methods. The law focuses on how the labor was obtained rather than on poor working conditions or low wages alone.
The prohibited conduct includes intentionally:
- Requiring labor to repay or service a real or purported debt that the actor caused through a systematic, ongoing course of conduct intended to defraud the person
- Withholding, destroying, or confiscating a passport, immigration document, or government identification document to impair the person’s freedom of movement
- Using force or a scheme, plan, or pattern intended to make the person fear physical injury, death, property damage, other felony conduct, or unlawful imprisonment
- Threatening to accuse someone of a crime or cause criminal charges or deportation proceedings
- Threatening to expose a secret or publicize an asserted fact that could subject someone to hatred, contempt, or ridicule
- Threatening to testify, provide information, or withhold testimony or information concerning another person’s legal claim or defense
- Using or abusing a position as a public servant to affect someone adversely
The statute also includes limited exceptions. For example, the document provision does not apply to a nonthreatening effort to correct Social Security or immigration records in accordance with agency requirements. Likewise, the criminal-accusation provision contains a limited affirmative defense when a person reasonably believed the threatened accusation was true and acted only to encourage reasonable action to correct the underlying wrong.
When the prosecution relies on force or a scheme, plan, or pattern, it must prove that the conduct was intended to make the victim fear one of the consequences listed in the statute. The threatened harm does not actually have to occur.
Key Takeaway: New York Penal Law § 135.35 applies when labor is obtained or maintained through specified forms of force, fraud, or coercion. Aggravated labor trafficking involving drug-induced impairment is addressed separately under New York Penal Law § 135.37.
How Is NY Labor Trafficking Different from Federal Trafficking Law?
New York Penal Law § 135.35 creates the state’s criminal offense of labor trafficking. A T visa, by contrast, is a federal immigration benefit governed by the federal Trafficking Victims Protection Act (TVPA). Although the same conduct may be relevant to both, they serve different purposes and follow different legal standards.
For that reason, a labor trafficking case in New York does not automatically determine whether someone qualifies for a T visa. The U.S. Citizenship and Immigration Services (USCIS) reviews each application under federal immigration law, so an arrest, criminal charge, or conviction under § 135.35 is not required. Even if no criminal case is ever filed, a person may still qualify if the available evidence satisfies the federal eligibility requirements.
| Feature | NY Penal Law § 135.35 | Federal TVPA (T Visa) |
|---|---|---|
| Purpose | Criminally punish the trafficker | Provide immigration protection to eligible trafficking victims |
| Deciding Body | New York state courts | USCIS |
| Standard of Proof | Guilt beyond a reasonable doubt | Applicant establishes eligibility by a preponderance of the evidence |
| Criminal Outcome | A conviction is required before criminal penalties may be imposed | No arrest, charge, or conviction is required |
| Coverage | Labor trafficking | Severe labor and sex trafficking |
If a criminal case does exist, documents such as police reports, criminal complaints, indictments, plea agreements, or convictions may support parts of a T visa application. However, each serves a different purpose. For example, an indictment is only an accusation, not proof that trafficking occurred. USCIS considers those records alongside the applicant’s personal statement and any other credible evidence when deciding eligibility.
Key Takeaway: A New York labor trafficking case and a T visa application are related but separate processes. Evidence from a § 135.35 case may strengthen an application, but USCIS makes its decision under federal immigration law using all credible evidence.
Does a Criminal Case Under § 135.35 Help My T Visa Application?
Yes. A criminal investigation or prosecution under New York Penal Law § 135.35 can provide valuable evidence for a T visa application, but it is not required. Many trafficking survivors qualify even when there was never an arrest, criminal charge, or conviction because USCIS evaluates eligibility under federal immigration law.
A criminal complaint or indictment reflects what prosecutors alleged, not a finding that trafficking occurred, while a guilty plea or conviction may provide stronger corroboration.
Rather than relying on any single document, USCIS reviews all of the available evidence together. As mentioned, the agency considers law enforcement records alongside your personal declaration and any other credible evidence when deciding whether you qualify for T nonimmigrant status.
What If There Was No Arrest or Conviction in New York?
A T visa does not depend on an arrest, criminal charge, or conviction under New York Penal Law § 135.35. Many trafficking cases never result in criminal prosecution, and USCIS evaluates each application under the federal eligibility requirements rather than the outcome of a state criminal case.
When there are no criminal records, applicants can rely on alternative forms of evidence under USCIS’s “any credible evidence” standard. A detailed personal declaration often serves as the foundation of the application, explaining how the trafficking occurred and how the applicant was recruited, controlled, or compelled to work. Sworn statements from family members, coworkers, advocates, or others with firsthand knowledge may also support the claim.
Other evidence can support the application, including medical records, employment records, text messages, photographs, pay records, and reports from social service agencies or shelters.
Under federal rules, applicants must report the trafficking to an authority with jurisdiction and comply with reasonable requests from law enforcement for assistance. However, an exemption applies if the applicant was under 18 years old when at least one act of trafficking occurred. Additionally, a trauma exception applies when physical or psychological trauma prevents cooperation. Form I-914, Supplement B remains optional and is only one way to document contact or cooperation with law enforcement.
If the trafficking was never reported, the application should explain why the age-based exemption or trauma-based exception applies, if applicable. Otherwise, USCIS generally expects evidence that a law enforcement agency had information about the trafficking and that the applicant complied with any reasonable requests for assistance.
New York T Visa Immigration Lawyer – Shankar & Associates PC
Rajat Shankar, Esq.
Attorney Rajat (Raj) Shankar is an immigration lawyer whose own experience as an immigrant shapes his approach to helping clients pursue immigration relief. After coming to the United States at eight years old, obtaining a green card, and later becoming a U.S. citizen, he dedicated his career to guiding individuals and families through the immigration system.
Admitted to the New York Bar in 2013, Raj earned his J.D., magna cum laude, from the Touro College Jacob D. Fuchsberg Law Center. He represents clients in a wide range of immigration matters, including humanitarian relief such as T visas, as well as asylum, cancellation of removal, deportation defense, and employment-based immigration. He works closely with clients to prepare thorough, well-supported applications based on the facts of each case.
What Evidence from a § 135.35 Case Strengthens a T Visa Petition?
A § 135.35 investigation may produce records that can support a T visa application. The most common records include police reports, witness statements, interview records, court documents, and Form I-914, Supplement B. Each serves a different purpose and is considered alongside the applicant’s personal statement and other credible evidence.
Law Enforcement Reports and Statements
Police reports, detective notes, and witness statements may document what was reported, the officers’ observations, and other facts gathered during the investigation. Access to these records depends on agency procedures, privacy rules, and applicable law enforcement exemptions. An attorney may request available records from the law enforcement agency or prosecutor handling the matter.
Statements given during a police interview may also help show what the applicant reported shortly after the trafficking occurred. If an earlier statement exists, USCIS may compare it with the applicant’s later declaration. Any differences should be explained in context, particularly because trauma can affect memory, disclosure, and how a survivor recounts events.
Law Enforcement Declaration: Form I-914, Supplement B
Form I-914, Supplement B, Declaration for Trafficking Victim, is an optional law enforcement declaration. An authorized supervising official involved in the investigation or prosecution may describe the applicant’s victimization and cooperation. In New York, this may include a county District Attorney’s Office, the New York State Police, or the local law enforcement agency that investigated the matter. Although the declaration can strengthen an application, USCIS independently determines eligibility and does not give the form automatic evidentiary weight.
Key Takeaway: Evidence from a § 135.35 investigation, including police reports, witness statements, court records, and Form I-914, Supplement B, may strengthen a T visa application. USCIS considers these materials together with the applicant’s personal statement and any other credible evidence.
What Are the Penalties for Labor Trafficking Under New York Law?
Labor trafficking under New York Penal Law § 135.35 is a Class D felony. Under New York’s general felony sentencing statute, a Class D felony may carry an indeterminate sentence with a maximum term of up to seven years. The authorized sentence depends on the defendant’s criminal history, the facts of the case, and other sentencing rules. Probation may be available in some cases when permitted by law and ordered by the court.
Although these penalties reflect how New York punishes labor trafficking, they do not determine whether someone qualifies for a T visa. USCIS evaluates T nonimmigrant eligibility under federal immigration law, using its own standards. Criminal penalties are intended to punish the trafficker, while a T visa is a separate immigration remedy available to eligible trafficking survivors.
Experienced Legal Help for T Visa Applicants
If you believe you were subjected to labor trafficking, you may have questions about reporting what happened, gathering evidence, or applying for T nonimmigrant status. An attorney can help you understand how a criminal investigation, if one exists, may affect your immigration case and what evidence may support your application.
T visa immigration attorney Rajat Shankar has helped trafficking survivors throughout Nassau County and Long Island build T visa petitions from criminal records, affidavits, and civil evidence. At Shankar & Associates PC, our team prepares your personal declaration, requests law enforcement records, requests Form I-914, Supplement B certifications where appropriate, and files a complete Form I-914 with USCIS.
Call Shankar & Associates PC at (800) 461-1467 to schedule a confidential consultation. Our office at 518 Plainview Rd in Plainview serves trafficking survivors across Long Island and greater New York.
Frequently Asked Questions
Do I need to report the trafficker to New York police for a T visa?
Not necessarily to local New York police specifically, but you must show that a law enforcement agency (federal, state, or local) has information about the trafficking and that you complied with reasonable requests for assistance. An exemption applies if you were under 18 at the time of the trafficking, and an exception applies if physical or psychological trauma prevents cooperation.
Can I get a T visa if my trafficker was never charged under § 135.35?
Yes. USCIS evaluates T visa eligibility under the federal TVPA, not under state charging decisions. You can qualify using alternative evidence such as your personal declaration, sworn affidavits, medical records, and employment records, even if no one was ever charged in New York.
Is labor trafficking the same as forced labor or involuntary servitude?
These terms overlap but are not identical. Forced labor and involuntary servitude describe compelled work, while New York Penal Law § 135.35 defines the specific criminal offense of labor trafficking with its listed coercive methods. Federal T visa law covers labor trafficking within the broader category of severe forms of trafficking.
What happens if I’m undocumented and report labor trafficking in New York?
Reporting trafficking does not itself grant lawful immigration status or guarantee protection from removal. Filing Form I-914 provides federal confidentiality protections for T visa applicants, but the effect of a pending application depends on the person’s immigration history and any existing removal proceedings or orders. An immigration attorney can evaluate those issues before or after a report is made.
Can my family also benefit from my § 135.35 case and T visa?
Yes, in many cases. Certain family members may qualify for derivative T visa status based on your principal application, depending on your age and their relationship to you. This can allow qualifying relatives to obtain lawful status alongside you.
How much does it cost to file a T visa with attorney help in Plainview?
Attorney fees and case-related costs vary depending on the complexity of the matter and the evidence required. USCIS does not charge a filing fee for Form I-914 or its Supplements A and B. Other forms or services may involve separate costs, and fee-waiver eligibility depends on the specific filing.