How Does a T Visa to Green Card Adjustment of Status Work?

If you hold a T visa in New York, you can apply for a green card through a process called adjustment of status. To qualify, you generally need at least three years of continuous physical presence in the United States, cooperation with law enforcement, and good moral character. However, you may be able to apply sooner if the trafficking investigation or prosecution has been certified as complete. 

At Shankar & Associates PC, T visa immigration attorney Rajat Shankar helps trafficking survivors and T visa holders on Long Island and throughout the greater New York area. Our New York immigration lawyers in Plainview, Nassau County, guide clients through every stage of the adjustment of status process, from confirming eligibility to filing the application with U.S. Citizenship and Immigration Services (USCIS).

This guide explains who qualifies for a green card as a T visa holder and walks through the step-by-step application process. It also covers what derivative family members need to know, processing timelines and costs, and what to do if your application encounters problems. If you need help applying for a green card as a T visa holder, Shankar & Associates PC can guide you through each step of the process. Call (800) 461-1467 to consult about your situation.

What Is the T Visa and Who Qualifies for a Green Card Under It?

The T visa is a specific immigration status created for trafficking survivors, and it can serve as a pathway to permanent residence in the United States. Learning what the T visa provides and who qualifies for adjustment of status is the first step toward obtaining a green card.

What Is a T Visa?

A T visa is a nonimmigrant visa for victims of severe forms of human trafficking. The Congress created this status in 2000 as part of the Victims of Trafficking and Violence Protection Act. It allows trafficking survivors to remain in the United States for an initial period of up to four years while assisting law enforcement in the investigation or prosecution of trafficking crimes.

Under federal law, severe forms of trafficking include both sex trafficking and labor trafficking. Sex trafficking includes commercial sex acts induced by force, fraud, or coercion, as well as commercial sex acts involving a person under 18. Labor trafficking involves using force, fraud, or coercion to compel someone into involuntary servitude, peonage, debt bondage, or slavery.

T-1 status applies to the principal trafficking victim. Derivative classifications, T-2 through T-6, are available to certain eligible family members, including spouses, children, and in some cases, parents and siblings.

Who Is Eligible to Adjust Status from a T Visa?

To apply for a green card as a principal T-1 nonimmigrant, you must meet the core USCIS eligibility requirements described below.

• T-1 status: You were lawfully admitted in T-1 nonimmigrant status and still hold that status when you apply.
• Continuous physical presence: You have maintained continuous physical presence in the United States for at least three years since your T-1 admission, or during the period of a trafficking investigation or prosecution that the Attorney General has certified as complete.
• Good moral character: You have demonstrated good moral character from the time of your T-1 admission through the decision on your green card application.
• Law enforcement cooperation: You have complied with any reasonable request for assistance from law enforcement in detecting, investigating, or prosecuting human trafficking.

There are important alternatives to the law-enforcement-cooperation requirement. You may still qualify if you were under 18 at the time of the qualifying victimization, if you established when T-1 status was granted that physical or psychological trauma made cooperation impossible, or if you would suffer extreme hardship involving unusual and severe harm if removed from the United States.

You must also be admissible to the United States as a lawful permanent resident (LPR). If any grounds of inadmissibility apply, USCIS may grant a waiver, which is discussed later in this guide.

Key Takeaway: T visa holders can apply for a green card after three years of continuous physical presence (or when the trafficking investigation concludes) if they have maintained good moral character and cooperated with law enforcement. Exceptions may waive the cooperation requirement for minors, trauma survivors, and those facing extreme hardship.

What Are the Steps to Apply for a Green Card as a T Visa Holder?

The adjustment of status process involves several steps, from verifying your eligibility to receiving a final decision from the U.S. Citizenship and Immigration Services (USCIS). Each step requires careful preparation and accurate documentation.

Step 1: Confirm You Meet the Eligibility Requirements

Before filing, verify that you meet all four eligibility requirements described above. Confirm that you still hold a valid T-1 status, that you have accumulated at least three years of continuous physical presence (or that the investigation has been certified as complete), and that you can demonstrate both good moral character and law enforcement cooperation.

Review your travel history carefully. USCIS generally treats continuous physical presence as broken if you were outside the United States for more than 90 consecutive days or more than 180 days in the aggregate.

Step 2: Gather Required Documents and Evidence

You will need to assemble several forms and supporting documents before filing. The core requirements include:

• Form I-485, Application to Register Permanent Residence or Adjust Status
• Evidence of continuous physical presence, such as lease agreements, utility bills, school records, employment records, or tax returns
• Evidence of good moral character
• Evidence of compliance with law enforcement requests, which may include Form I-914 Supplement B (Declaration for Trafficking Victim), police reports, court documents, or correspondence with investigators
• Form I-693, Report of Immigration Medical Examination and Vaccination Record, completed by a USCIS-designated civil surgeon
• Two passport-style photographs

Unlike many other green card categories, T visa adjustment does not require a separate immigrant petition. An attorney can help you compile all necessary documents and file the I-485 directly with USCIS, supported by the evidence described above.

Step 3: File with USCIS

USCIS fee rules can change, so applicants should confirm current fees in the Form I-485 instructions and USCIS fee schedule before filing. If inadmissibility issues apply, a related waiver request may also require the appropriate fee or a fee waiver.

Mail your complete application package to the USCIS filing address specified in the Form I-485 instructions. USCIS will send a receipt notice confirming that your application was accepted for processing.

Step 4: Attend Your Biometrics Appointment

After USCIS accepts your application, you will receive a notice scheduling a biometrics appointment at a local Application Support Center (ASC). At this appointment, USCIS collects your fingerprints, photograph, and signature for identity verification and background checks.

Attend the appointment on the scheduled date and bring the appointment notice along with a valid photo ID. If you cannot make the scheduled date, contact USCIS as soon as possible to reschedule, because missing a biometrics appointment without explanation can delay your case.

Step 5: Attend the USCIS Interview (If Required)

USCIS may schedule an in-person interview as part of your adjustment of status review. However, interviews for T visa adjustment cases are not always required, and USCIS may approve your application based on the submitted evidence alone.

If an interview is scheduled, you will receive a notice with the date, time, and location. Bring originals of all documents you submitted with your application, a valid photo ID, and any additional evidence USCIS has specifically requested.

Step 6: Receive a Decision

After reviewing your application, USCIS will issue one of three outcomes. An approval means your green card will be produced and mailed to you, and you will officially become a lawful permanent resident.

If USCIS needs additional information, you will receive a Request for Evidence (RFE). An RFE gives you a specific deadline to submit the requested documents, and responding completely and on time is critical to keeping your case moving forward.

A denial means USCIS determined you did not meet the eligibility requirements. If USCIS denies the adjustment application or a related waiver application, USCIS will issue a written decision explaining the reasons for the denial and any appeal rights. Depending on the case, other post-decision options may also be available.

The following table summarizes the key forms and documents involved in the T visa adjustment of status process. Review each item carefully before assembling your application package.

Document	Purpose
Form I-485	Application to Register Permanent Residence or Adjust Status
Form I-693	Immigration medical examination and vaccination record from a civil surgeon
Evidence of continuous physical presence	Lease agreements, utility bills, tax returns, and employment records
Evidence of good moral character	Police clearances, affidavits, and court records, if applicable
Evidence of law enforcement cooperation	Form I-914 Supplement B, police reports, court documents
Form I-131 (if traveling)	Application for an advance parole travel document
Two passport-style photographs	Identity verification for USCIS records

Key Takeaway: Adjusting status from a T visa requires filing Form I-485 with the supporting evidence required by USCIS and 8 CFR 245.23, including proof of T status and, for principal T-1 applicants, evidence of continuous physical presence, good moral character, and compliance with reasonable law enforcement requests or a qualifying exception.

Can Derivative T Visa Holders Also Get a Green Card in New York?

Yes. Derivative T visa holders, those admitted in T-2 through T-6 status, may also apply for lawful permanent residence. However, their eligibility depends on the status of the principal T-1 applicant’s green card case.

To qualify, a derivative family member must meet three conditions. First, they must have been lawfully admitted in derivative T nonimmigrant status and still hold that status at the time of filing. Second, the principal T-1 applicant’s I-485 must be currently pending, filed concurrently, or previously approved, provided the derivative was admitted in T status before the principal became an LPR. Third, the derivative must be admissible to the United States or have obtained a waiver of any applicable inadmissibility grounds.

One significant advantage for derivative applicants is that they do not need to meet the principal applicant’s continuous physical presence requirement or a separate good moral character requirement. However, they still must be admissible to the United States or qualify for a waiver of inadmissibility. Each derivative files a separate Form I-485 and is evaluated independently for admissibility.

Derivative family members also retain their T nonimmigrant status even after the principal T-1 applicant becomes a lawful permanent resident. This means a derivative who has not yet filed for adjustment can still pursue a green card application after the principal’s case is approved.

Key Takeaway: Derivative T visa holders (T-2 through T-6) can apply for green cards, but their eligibility is linked to the principal T-1 applicant’s case. Derivatives do not need to prove continuous physical presence or good moral character, and each files a separate I-485.

How Long Does a T Visa Adjustment of Status Take?

USCIS processing times for T visa adjustment of status applications vary based on agency caseload, the completeness of your filing, and whether USCIS requests additional evidence. While there is no fixed timeline, most applicants should expect the process to take at least one year and potentially longer.

You can check the status of your pending case online using the USCIS case status tracker with the receipt number from your filing confirmation. If your case has been pending significantly longer than the posted processing times, you may submit a case inquiry through the USCIS Contact Center.

Several factors can cause delays beyond typical processing times. Incomplete applications, missing evidence, and background check holds are among the most common reasons for extended review. Receiving an RFE also adds time, because USCIS pauses its review until you respond with the requested documentation.

If a principal T-1 applicant timely files Form I-485 before T-1 status expires, the applicant remains authorized to work incident to status while the application is pending. Derivative T-2 through T-6 applicants who timely file Form I-485 receive an extension of status while the application is pending, but they must separately file Form I-765 to obtain employment authorization.

Key Takeaway: Processing times for T visa green card applications typically take one year or more, depending on USCIS caseload and whether additional evidence is needed. Applicants can check case status online. Principal T-1 applicants generally remain authorized to work incident to status while the case is pending, while derivative T applicants who timely file Form I-485 generally must file Form I-765 to obtain an EAD.

What Are the Costs to Adjust Status from a T Visa?

One of the most significant benefits for T-based adjustment applicants is that Form I-485 is generally fee-exempt. However, not every related form is automatically free. Depending on the case, forms such as Form I-131 or Form I-601 may carry separate fees unless they qualify for a separate exemption or fee waiver under current USCIS rules. Applicants should confirm current fees directly with USCIS before filing.

However, costs outside of USCIS fees still apply. The civil surgeon medical examination required for Form I-693 typically costs between $200 and $500, depending on the provider and whether additional vaccinations are needed. If you work with an immigration attorney, legal fees will vary based on the difficulty of your case.

Some nonprofit legal organizations on Long Island and throughout the region provide free or reduced-cost legal services to trafficking survivors. These organizations can assist with the adjustment of status application and may help cover expenses such as the medical examination.

Key Takeaway: Form I-485 is generally fee-exempt for T-based adjustment applicants. Other related forms may have separate fees unless they are separately exempt or fee-waived under current USCIS rules.

T Visa Immigration Attorney in Suffolk County, NY – Shankar & Associates PC

What Happens to Your Immigration Status While You Wait in New York?

If you timely file Form I-485 before your T status expires, your T nonimmigrant status generally continues while the application is pending. Principal T-1 applicants remain authorized to work incident to status, while derivative T applicants generally must file Form I-765 to obtain an EAD during the pending period.

If you need to travel outside the United States while your application is pending, you must first obtain advance parole by filing Form I-131, Application for Travel Document. Advance parole authorizes you to leave and re-enter the country without USCIS treating your departure as abandonment of the pending application. Leaving without advance parole can result in USCIS denying your green card case.

International travel can also affect your continuous physical presence calculation if you have not yet met the three-year requirement. USCIS considers your presence broken if you are outside the United States for more than 90 consecutive days or for periods that add up to more than 180 days. Before making any travel plans, consult with an immigration attorney to understand how a trip could affect your case.

Key Takeaway: T visa holders with a pending adjustment application should obtain advance parole before any international travel. Leaving the United States without it can be treated as abandonment of the green card application.

What Could Cause a T Visa Green Card Application to Be Denied?

USCIS may deny a T visa adjustment application for several reasons. The most common issues include breaks in continuous physical presence, failure to demonstrate good moral character, criminal history, failure to cooperate with law enforcement without a qualifying exception, and grounds of inadmissibility such as fraud or misrepresentation.

A break in continuous physical presence occurs if you were outside the United States for more than 90 consecutive days or if your total time abroad exceeded 180 days without a qualifying justification. Criminal convictions, particularly offenses involving moral turpitude, drug violations, or aggravated felonies, can affect both the good moral character determination and your admissibility as an LPR.

Experienced Legal Guidance from a New York T Visa Immigration Attorney

The path from a T visa to a green card involves detailed documentation, strict eligibility requirements, and a process where errors or omissions can delay processing. Trafficking survivors often face difficult circumstances, and the adjustment of status process can involve detailed requirements and documentation. 

At Shankar & Associates PC, T visa immigration attorney Rajat Shankar has experience across all areas of immigration law, including representing trafficking survivors through adjustment of status. Our team serves clients in Nassau County, Suffolk County, Queens, and communities across the metropolitan area. We handle everything from confirming eligibility and assembling documentation to filing the application and communicating with USCIS on your behalf.

Call Shankar & Associates PC at (800) 461-1467 to schedule a consultation. Our office is located at 518 Plainview Road, serving T visa holders and trafficking survivors throughout Long Island and the surrounding region. Take the next step toward permanent residence by discussing your situation with an attorney who can guide you through the process.