T-1 nonimmigrants may apply for adjustment of status under INA § 245(l) after satisfying the applicable continuous physical presence period and the other statutory and regulatory requirements. Principal applicants generally must have been lawfully admitted in T-1 status, hold that status when filing, be admissible or have an approved waiver, establish good moral character through adjudication, and comply with reasonable law enforcement requests or qualify under an alternative.
At Shankar & Associates PC, Nassau County T visa immigration attorney Rajat Shankar and our team guide trafficking survivors and their families through the adjustment process. He helps clients prepare adjustment applications, gather supporting evidence, and address issues that may arise before or during USCIS review.
This post explains the eligibility rules, the three-year continuous physical presence requirement, the documents and application steps, and what happens to derivative family members during adjustment.
If you are preparing to apply for a green card through T nonimmigrant status, Shankar & Associates PC can evaluate your eligibility and help you build a complete adjustment package. Call (800) 461-1467 to schedule a consultation.
What Is INA § 245(l) and Who Does It Apply To?
INA § 245(l) is the section of the Immigration and Nationality Act that lets T nonimmigrants become lawful permanent residents. It applies to principal T-1 visa holders and to their derivative family members who hold T-2, T-3, T-4, T-5, or T-6 status.
The statute, codified at 8 U.S.C. § 1255(l), is the legal bridge between temporary T status and a green card. Congress created the T nonimmigrant status in October 2000 through the Victims of Trafficking and Violence Protection Act, building in an adjustment pathway that allows survivors a route to permanent stability rather than a benefit that expires.
T nonimmigrant status is generally granted for up to four years, although extensions may be available in specified circumstances. T status is also extended while an application for adjustment under INA § 245(l) is pending.
Key Takeaway: INA § 245(l), found at 8 U.S.C. § 1255(l), is the legal basis for T visa holders and their derivative family members to apply for lawful permanent residence after meeting the statutory requirements.
What Are the Basic Eligibility Requirements for T Visa Adjustment of Status?
Under 8 CFR § 245.23, a principal applicant must have been lawfully admitted as a T-1 nonimmigrant and continue to hold T-1 status when filing Form I-485. The applicant must also meet the continuous physical presence requirement, establish good moral character through adjudication, be admissible or have an approved waiver, and comply with the law enforcement cooperation requirement or qualify for an applicable exception. Derivative family members are subject to different eligibility requirements.
Continuous Physical Presence Requirement
A principal applicant generally must complete at least three years of continuous physical presence in the United States after lawful admission as a T-1 nonimmigrant before filing Form I-485. A shorter period applies if the Department of Homeland Security (USCIS) determines that the trafficking investigation or prosecution has concluded in less than three years.
A single departure lasting more than 90 days, or multiple departures totaling more than 180 days, generally breaks continuous physical presence. An exception may apply if the absence was necessary to assist the trafficking investigation or prosecution or if an authorized official certifies that the absence was otherwise justified.
Good Moral Character Requirement
You must demonstrate good moral character (GMC) from the time you were first admitted as a T-1 nonimmigrant until the U.S. Citizenship and Immigration Services (USCIS) completes its decision on your application. USCIS evaluates good moral character throughout the adjustment process, not just at the time you file.
Certain conduct, including some criminal convictions or fraud-related issues, can affect a good moral character determination. If you have a history of arrests, criminal charges, or fraud-related concerns, reviewing your record with an immigration attorney before filing can help identify potential issues.
Admissibility and Compliance Requirements
You must have complied with any reasonable request from law enforcement for assistance in detecting, investigating, or prosecuting the trafficking and continue that cooperation through adjudication. However, the cooperation requirement does not apply in every case. Exceptions may be available if you would suffer extreme hardship involving unusual and severe harm upon removal, were under 18 at the time of the qualifying trafficking victimization, or had already established an inability to cooperate when USCIS approved Form I-914.
You also must be admissible to the United States or have an approved waiver for any applicable ground of inadmissibility. Because adjustment under INA § 245(l) is discretionary, USCIS must also determine that you merit a favorable exercise of discretion.
Key Takeaway: Principal T-1 applicants generally must establish three years of continuous physical presence (or qualify under the shorter certified period), maintain good moral character through adjudication, satisfy the law enforcement cooperation requirement or an applicable exception, be admissible or obtain a waiver, and merit a favorable exercise of discretion.
T Visa & Family Immigration Attorney in New York – Shankar & Associates PC
Rajat Shankar, Esq.
Rajat (Raj) Shankar represents immigrants and their families in a wide range of humanitarian and family-based immigration matters, including T visas and adjustment of status applications. He helps clients prepare complete applications, gather supporting evidence, and address issues that may affect their eligibility throughout the USCIS process.
Raj’s approach is shaped by his own immigration journey. After coming to the United States at the age of eight, he became a lawful permanent resident and later a U.S. citizen. He earned his J.D., magna cum laude, from the Touro College Jacob D. Fuchsberg Law Center and is admitted to practice law in New York.
What Documents Are Needed to Apply for Adjustment of Status?
Applying for adjustment of status under INA § 245(l) requires Form I-485, Application to Register Permanent Residence or Adjust Status, along with supporting documents that establish your eligibility. Depending on your circumstances, you may need the following:
- A completed and signed Form I-485
- A copy of the Form I-797 granting T nonimmigrant status, the Form I-94, and evidence of lawful admission and continued T status
- Evidence of continuous physical presence, such as leases, pay records, school records, medical records, or affidavits
- Evidence of good moral character, including police clearances and personal declarations
- Evidence of compliance with law enforcement requests or documentation supporting an applicable exception
- Two passport-style photographs and identity documents
- Any waiver applications for applicable grounds of inadmissibility, if needed
If you file before completing three years of continuous physical presence, you must submit official documentation or law enforcement certification confirming that the trafficking investigation or prosecution has concluded.
Gathering evidence of continuous physical presence is often the most time-consuming part of the application. Start collecting records as early as possible. If primary records are unavailable, explain why and provide affidavits from people with firsthand knowledge of your presence in the United States. Your own statement alone is generally not enough to establish continuous physical presence.
Key Takeaway: A complete adjustment application includes Form I-485 and supporting evidence showing that you meet the eligibility requirements under INA § 245(l). T nonimmigrants are exempt from the Form I-485 filing fee and certain related USCIS filing fees under federal regulations.
Can Family Members Adjust Status Along With the T Visa Holder?
Yes. Family members with T-2, T-3, T-4, T-5, or T-6 status may also apply for adjustment of status under INA § 245(l). Each derivative family member must file a separate Form I-485. A derivative may apply at the same time as the principal T-1 applicant or later, but USCIS cannot approve the derivative’s application until the principal applicant’s adjustment has been approved.
Derivative family members do not have to meet all of the same requirements as the principal applicant. For example, they are not subject to the law enforcement cooperation requirement. However, they must continue to hold valid T status when filing Form I-485 and must be admissible or eligible for a waiver.
If you are planning to file adjustment applications for multiple family members, coordinating the timing of each application can help avoid unnecessary delays and ensure that everyone remains eligible throughout the process.
| Principal T-1 Applicant | Derivative Family Member |
|---|---|
| Files Form I-485 | Files a separate Form I-485 |
| Must satisfy the cooperation requirement or qualify for an exception | The cooperation requirement does not apply |
| Must establish continuous physical presence | Subject to different eligibility requirements |
| Must be admissible or have an approved waiver | Must be admissible or eligible for a waiver |
What Happens if a T Visa Adjustment of Status Application Is Denied?
A denial does not automatically end your T nonimmigrant status. If your T status is still valid, it generally remains in effect until it expires under its own terms. However, a denial means USCIS has not approved your adjustment application, and you could face removal proceedings if your T status later expires without another lawful basis to remain in the United States.
Depending on the reason for the denial, you may have several options. In some cases, you can file a motion to reopen or reconsider with USCIS. In others, you may be able to submit a new application after addressing the issue that led to the denial, such as providing additional evidence of continuous physical presence or resolving an admissibility concern.
Because the next steps depend on the reason for the denial and your current immigration status, it is important to review the decision with a T visa immigration attorney as soon as possible. Filing deadlines for motions are limited, and acting promptly can help preserve your available options.
How Do You Apply for T Visa Adjustment of Status?
Applying for adjustment of status under INA § 245(l) generally follows the same USCIS process as other adjustment applications, although eligibility requirements for T nonimmigrants differ. The basic steps include:
- File Form I-485 with the required supporting documents at the USCIS filing location identified in the current form instructions.
- Attend your biometrics appointment, where USCIS collects your fingerprints, photograph, and signature.
- Respond to any Request for Evidence (RFE) if USCIS asks for additional documentation.
- Attend an interview if USCIS schedules one. Not every applicant is required to attend an interview.
- Receive USCIS’s decision. If your application is approved, you will receive your Permanent Resident Card (green card).
Processing times vary depending on USCIS workload and the facts of each application. Check the USCIS Processing Times page and your receipt notice for the most current information rather than relying on general estimates.
Speak With a Long Island T Visa Immigration Attorney
Applying for adjustment of status under INA § 245(l) requires careful attention to both the eligibility requirements and the supporting documentation. Whether you are applying as a principal T-1 nonimmigrant or a derivative family member, preparing a complete application can help keep the process moving forward.
T visa immigration attorney Rajat Shankar has handled humanitarian and family-based matters for clients throughout Nassau County and across Long Island. He understands the immigration journey firsthand as a naturalized citizen. At Shankar & Associates PC, we help principal T visa holders prepare adjustment applications, coordinate filings for derivative family members, assemble evidence of continuous physical presence, and represent applicants during the USCIS process.
Call Shankar & Associates PC at (800) 461-1467 to schedule a consultation. Our office at 518 Plainview Rd, Plainview, NY 11803 serves survivors and families throughout Nassau County and Long Island.
Frequently Asked Questions
What is the difference between T visa status and T visa adjustment of status?
T nonimmigrant status is temporary protection that lets a trafficking survivor live and work in the United States for up to four years. Adjustment of status under INA § 245(l) is the separate process of converting that temporary status into a green card, or lawful permanent residence.
Does the 3-year continuous presence requirement have exceptions?
Yes. If the Attorney General certifies that the investigation or prosecution of the trafficking is complete in less than three years, you may file once that certification issues rather than waiting the full period.
How long does T visa adjustment of status take to process?
Processing varies by workload and case complexity, and many New York applicants see adjudication take from several months to well over a year after filing. Biometrics usually occur within the first few months, and an interview may or may not be scheduled.
Is there a fee to file for T visa adjustment of status?
No Form I-485 filing fee is required for a T nonimmigrant applying under INA § 245(l). Federal regulations also exempt certain related forms, but the exemption should not be described as covering every possible immigration form.