Federal immigration law provides a specific form of relief for victims of severe human trafficking. The T visa allows qualifying individuals to remain in the United States for an initial period of up to four years, obtain work authorization, and, if they meet additional requirements, later apply for lawful permanent residence.
Nassau County T visa immigration attorney Rajat Shankar of Shankar & Associates PC helps trafficking survivors on Long Island and throughout New York understand their options and build strong applications. As an immigrant himself, Raj brings firsthand understanding of the immigration system to every case he handles. At Shankar & Associates PC, our team of immigration lawyers works closely with each client to gather the right evidence and ensure compliance with federal requirements.
This guide explains each of the five T visa eligibility requirements in detail, what evidence you may need, how the application process works, and what to do if you face admissibility concerns. Call Shankar & Associates PC at (800) 461-1467 to discuss your situation and learn more about your legal options.
Victim of a Severe Form of Trafficking
The first eligibility requirement asks you to show that you were subjected to a severe form of trafficking in persons. Under 22 U.S.C. § 7102, federal law recognizes two categories of severe trafficking: sex trafficking and labor trafficking.
Sex trafficking involves a commercial sex act induced by force, fraud, or coercion. If the victim was under 18 years old at the time of the trafficking, the force, fraud, or coercion element does not need to be proven. Labor trafficking involves the recruitment, harboring, transportation, provision, or obtaining of a person through force, fraud, or coercion for involuntary servitude, peonage, debt bondage, or slavery.
These definitions are intentionally broad. A person does not need to have been physically moved across state or international borders to qualify. Trafficking can occur entirely within a single community, including in neighborhoods across Nassau County and other parts of Long Island. In New York, survivors may seek help through the New York State Office of Temporary and Disability Assistance’s trafficking-assistance resources, and suspected trafficking activity can be reported to law enforcement.
United States Citizenship and Immigration Services (USCIS) evaluates T visa eligibility under an “any credible evidence” standard. This means the agency considers a wide range of documentation, including personal statements, police reports, medical records, news articles, and statements from social workers or shelter staff.
Physical Presence in the United States
The second requirement is that you must be physically present in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands (CNMI), or at a port of entry in connection with the trafficking. This means your presence in the country must be connected to the trafficking you experienced.
Under 8 C.F.R. § 214.207, physical presence “on account of trafficking” can include being brought to the United States for trafficking, remaining in the country because of the trafficking, having a current presence directly related to past trafficking, being allowed entry to participate in the detection, investigation, prosecution, or judicial processes associated with trafficking, or returning to receive victimization-related treatment or services unavailable in the home country.
You do not need to be present at the same location where the trafficking occurred. If you were trafficked in another state and later moved to New York, you may still meet this requirement as long as your presence in the United States is connected to the trafficking experience.
Compliance with Law Enforcement Requests
The third requirement is that you have complied with any reasonable request for assistance from a federal, state, tribal, or local law enforcement agency in the detection, investigation, or prosecution of acts of trafficking, or in the investigation of a crime where trafficking was at least one central reason for the crime. Under INA § 101(a)(15)(T)(i)(III), this cooperation focuses on reasonable requests, not on whether the trafficker is ultimately arrested or convicted.
There are two important exceptions to this requirement:
- Victims under 18 years of age at the time at least one act of trafficking occurred are completely exempt from the cooperation requirement under 8 C.F.R. § 214.202(c)(1). A minor does not need to report the trafficking or cooperate with any investigation to qualify for a T visa.
- Victims who cannot cooperate due to physical or psychological trauma may also be exempt under 8 C.F.R. § 214.202(c)(2). USCIS recognizes that the effects of severe trafficking can make it difficult or impossible for some survivors to assist law enforcement.
One of the strongest pieces of evidence for this requirement is Form I-914, Supplement B, also known as the Declaration of Law Enforcement Officer for Victim of Trafficking in Persons. A federal, state, or local law enforcement officer can complete this form on your behalf to confirm that you are a trafficking victim and that you have cooperated with their investigation. USCIS describes Form I-914, Supplement B as valuable evidence of cooperation, but it is not required to establish eligibility for T nonimmigrant status.
However, Supplement B is not required for approval. If you do not have a law enforcement certification, you can submit other credible evidence of cooperation, such as police reports, court records, correspondence with investigators, or statements from victim advocates.
New York law also provides tools that may support your case. Under New York Social Services Law § 483-bb, the New York State Office of Temporary and Disability Assistance (OTDA) coordinates with law enforcement agencies and district attorneys to access services for trafficking victims. New York also provides state-level support for trafficking survivors. Under New York Social Services Law § 483-bb, OTDA may coordinate with law enforcement and district attorneys to help victims access services.
T Visa Immigration Attorney in Nassau County, New York – Shankar & Associates PC
Rajat Shankar, Esq.
Rajat Shankar, Esq., is an immigration attorney at Shankar & Associates PC in Nassau County, New York. 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. His career includes serving as Chair of the Immigration Committee for the Nassau County Bar Association and teaching immigration law as an adjunct professor. As someone who immigrated to the United States at age eight, Raj brings a personal understanding of the immigration experience to every case he handles.
Mr. Shankar focuses on employment-based immigration and humanitarian visa cases, including T visas and U visas for victims of trafficking and other crimes. Clients value his direct approach, flat-fee billing, and commitment to personally handling every case rather than delegating to junior attorneys. Rajat Shankar focuses on employment-based immigration and humanitarian visa cases, including T visas and U visas.
Extreme Hardship Upon Removal
The fourth eligibility requirement is that you would suffer “extreme hardship involving unusual and severe harm” if you were removed from the United States. Under 8 C.F.R. § 214.209, the applicant must show extreme hardship involving unusual and severe harm, a standard higher than the ordinary hardship that often accompanies removal.
Factors that USCIS may consider include:
- The risk of retaliation or harm from your trafficker if you return to your home country
- The severity of physical or psychological harm you suffered as a result of the trafficking
- Whether you would have access to adequate medical care, mental health services, or legal protections in your home country
- The likelihood that you could be re-trafficked if removed
- The impact on any children or family members who depend on you
- Whether your government has the ability or willingness to protect you from your trafficker
Many trafficking survivors may be able to demonstrate this element, but USCIS evaluates hardship case by case and expects specific, individualized evidence. However, it is important to provide detailed, specific evidence rather than general statements. A personal declaration describing your fears and circumstances, combined with country conditions evidence and expert assessments, can strengthen this part of your application.
| T Visa Requirement | What You Must Show | Key Evidence |
|---|---|---|
| Victim of severe trafficking | You were subjected to sex or labor trafficking through force, fraud, or coercion | Personal statement, police reports, medical records, witness statements |
| Physical presence | You are in the U.S. on account of the trafficking | Immigration records, travel documents, evidence linking presence to trafficking |
| Law enforcement cooperation | You complied with reasonable law enforcement requests (or qualify for an exemption) | Supplement B, police reports, correspondence with investigators, evidence of trauma or minor status |
| Extreme hardship | You would suffer unusual and severe harm if removed | Country conditions reports, medical evaluations, psychological assessments, and evidence of trafficker threats |
| Admissibility | You are admissible to the U.S. or have obtained a waiver | Immigration history, Form I-192 waiver application if needed, evidence connecting inadmissibility to trafficking |
Admissibility to the United States
The fifth eligibility requirement is that you must be admissible to the United States. Under the INA, certain grounds can make a person inadmissible, including prior immigration violations, criminal history, unlawful presence, and health-related issues. However, Congress recognized that trafficking victims often have inadmissibility issues that resulted directly from their trafficking experience.
Two statutory waivers are available specifically to T visa applicants. The first is the trafficking-specific waiver under INA § 212(d)(13), which covers inadmissibility grounds that are connected to the trafficking. This is a generous waiver, and USCIS considers it first when reviewing T visa applications. The second is the general nonimmigrant waiver under INA § 212(d)(3), which USCIS may consider if the trafficking-specific waiver does not apply.
To request a waiver, you file Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, along with your T visa application. You should include evidence explaining how the grounds of inadmissibility are connected to your trafficking experience. For example, if you were forced to work without authorization or if you entered the country illegally because your trafficker arranged your travel, these violations may be directly tied to the trafficking and are eligible for a waiver.
USCIS evaluates waiver requests on a case-by-case basis, weighing social and humanitarian factors against the seriousness of the inadmissibility ground. An immigration attorney can help you identify which waiver applies and prepare the supporting evidence to present the strongest case for approval.
Experienced Legal Guidance for T Visa Applicants in New York
Individuals who have experienced human trafficking face unique considerations within the immigration system. Identifying your legal rights and the protections available to you is a vital step toward securing your status and beginning the rebuilding process.
T visa immigration attorney Rajat Shankar has represented immigrants throughout Nassau County and New York in immigration matters for years. At Shankar & Associates PC, our T visa immigration lawyers work directly with you to gather evidence, prepare your personal declaration, and file a strong application with USCIS. We understand how sensitive these cases are, and we handle every case with care and confidentiality.
Call Shankar & Associates PC at (800) 461-1467 to schedule a consultation. Our office is located at 518 Plainview Road in Plainview, and we serve clients throughout Nassau County, Suffolk County, and the greater New York area. Our team is committed to helping survivors understand their legal options and move forward with confidence.