24/7 Emergency Access
24/7 Emergency Access
Receiving T-1 nonimmigrant status is an important step toward safety and stability, but many survivors eventually want to know how they can become lawful permanent residents. If you hold T-1 status in Plainview or elsewhere in New York, you may qualify to apply for a Green Card through adjustment of status after meeting the eligibility requirements under 8 U.S.C. § 1255(l).
Nassau County T visa immigration attorney Rajat Shankar of Shankar & Associates PC helps trafficking survivors pursue a T visa to Green Card adjustment of status by preparing applications, organizing supporting evidence, and protecting client confidentiality throughout the process. He works directly with clients to evaluate eligibility, respond to Requests for Evidence when necessary, and guide them through each stage of the USCIS adjustment process.
This page covers continuous physical presence, the documents needed for Form I-485, good moral character, what happens after filing, family member eligibility, privacy protections, common mistakes, and the benefits of permanent residence. Call Shankar & Associates PC at (800) 461-1467 to discuss your case.
Decades of Experience. Genuine Understanding.
Shankar and Associates PC helped me with my legal status in this country thanks to him being able to get several benefits in this country which is not my country of residence but now after struggling I managed to achieve my dream of being in another country…
Real Attorneys. Real-time Responses.
To qualify for adjustment of status, you must maintain a continuous period of at least three years of physical presence in the United States after your lawful admission as a T-1 nonimmigrant. Under 8 C.F.R. § 245.23, you can also qualify after the trafficking investigation or prosecution ends if the U.S. Attorney General or a designee certifies that the investigation or prosecution has been completed. USCIS applies the shorter of these two periods. Filing Form I-485 before satisfying the applicable requirement, or before obtaining the required certification when relying on the shorter period, can result in denial.
Brief travel outside the United States does not automatically interrupt continuous physical presence. However, the U.S. Citizenship and Immigration Services (USCIS) considers your continuous presence broken if you remain outside the country for more than 90 days on a single trip or for more than 180 days in the aggregate over multiple trips.
These limits do not apply if your absence was necessary to assist in the investigation or prosecution of the trafficking offense or if an official involved in the case certifies that another absence was justified. Keep records of every departure and return, including boarding passes, passport stamps, travel itineraries, and correspondence with the certifying agency, to document any time spent outside the United States.
Key Takeaway: T visa holders must complete three years of continuous physical presence before filing for adjustment of status unless the Attorney General or a designee certifies that the trafficking investigation or prosecution concluded earlier.
If you have questions about calculating your continuous physical presence or documenting travel outside the United States, Rajat Shankar can review your timeline and supporting records before you file. Call Shankar & Associates PC at (800) 461-1467 to discuss your eligibility for a T visa to Green Card adjustment of status.
A successful T visa to Green Card application depends on submitting a complete packet with the supporting evidence USCIS requires. Missing records, incomplete forms, or inconsistencies in the filing can delay adjudication or lead to a Request for Evidence.
A principal T-1 adjustment packet typically includes:
Your application must also include an affidavit describing your eligibility for adjustment of status together with evidence supporting the facts in that statement. Depending on your eligibility, the affidavit and supporting documentation should address continuous physical presence, continued cooperation with law enforcement, extreme hardship, victimization before age 18, or a previously established inability to cooperate because of physical or psychological trauma.
Supporting evidence can include Form I-914, Supplement B, correspondence with investigators, court records, police reports, or affidavits from individuals with first-hand knowledge of your circumstances. Any material differences between your original T visa filing and your adjustment application should be fully explained, particularly if trauma contributed to inconsistencies or gaps in the record.
Your Form I-693 must be completed by a USCIS-designated civil surgeon. The examination confirms that you satisfy the immigration medical requirements and includes a review of vaccination records and screening for designated communicable diseases.
After USCIS accepts your application, it schedules a biometrics appointment at an Application Support Center to collect your fingerprints, photograph, and signature for background checks. If you cannot attend the scheduled appointment, follow the instructions on the notice to request a new date.
Key Takeaway: A principal T-1 filing includes proof of T-1 status, evidence of continuous physical presence, documentation supporting good moral character, and Form I-693 when required. Biometrics take place after USCIS issues an appointment notice.
Preparing a complete adjustment packet can reduce delays and Requests for Evidence. To discuss the documents required, call Shankar & Associates PC at (800) 461-1467 to schedule a consultation with Rajat Shankar.
An incredible lawyer, he’s reasonably priced and, above all, committed to his clients. He seeks solutions and offers excellent advice. I highly recommend him.
You must demonstrate good moral character from the date you were lawfully admitted as a T-1 nonimmigrant until USCIS decides your Form I-485. Evidence typically includes an affidavit, local police clearances or state criminal background checks from every U.S. locality or state where you lived for six months or more during that period, and other supporting records if a clearance is unavailable.
Criminal offenses, immigration fraud, false testimony, and other unlawful conduct can affect a good-moral-character determination. An arrest alone does not prevent approval, but every arrest or criminal charge should be disclosed and supported by certified court records. If the conduct resulted from or was incident to the trafficking, USCIS can waive the resulting good-moral-character bar in qualifying cases.
If questions about your background could affect your application, address them before filing Form I-485. Call Shankar & Associates PC at (800) 461-1467 to discuss your T visa to Green Card adjustment of status with Rajat Shankar.
Immigration is Our Personal Story Too
Thanks to the good work of lawyer Shankar, my case was resolved favorably. He does a good job. Thank you very much.
Decades of Experience. Genuine Understanding.
After USCIS receives your adjustment application, it issues a Form I-797C receipt notice confirming that the case has been accepted for processing. USCIS then reviews the filing, schedules biometrics, requests additional evidence if needed, and decides whether an interview is necessary before issuing a decision.
Not every T visa adjustment case requires an interview. If USCIS schedules one, you will receive a notice with the appointment date, time, and location. Before appearing, review your Form I-485 and supporting documents to ensure they are complete and consistent. You also have the right to be represented by an attorney during the interview and to request accommodations from USCIS when appropriate.
| Step | What Happens |
|---|---|
| Form I-485 Filed | USCIS receives your application |
| Receipt Notice | USCIS issues Form I-797C |
| Biometrics | Fingerprints, photo, and signature are collected |
| Request for Evidence (if needed) | USCIS requests additional documentation |
| Interview (if scheduled) | A USCIS officer reviews eligibility |
| Decision | USCIS approves or denies the application |
If USCIS requests additional evidence or schedules an interview, experienced legal guidance can help you prepare a complete and consistent response. Call Shankar & Associates PC at (800) 461-1467 to discuss your adjustment application.
Family members with derivative T nonimmigrant status can apply for lawful permanent residence. Eligible relatives include spouses and children and, in certain circumstances, parents, unmarried siblings under 18, and the children of certain derivative beneficiaries. USCIS cannot approve a derivative’s Form I-485 until it approves the principal T-1 applicant’s adjustment application. If the principal’s application is denied, any related derivative adjustment applications are also denied.
Each family member must file a separate Form I-485 with supporting documentation, including proof of derivative T status, identity documents, evidence of the qualifying family relationship, Form I-693 when required, and Form I-601 when a waiver of inadmissibility is required. Although families often file together, USCIS reviews each application separately, and derivative applicants do not have to satisfy the principal applicant’s three-year continuous physical presence or good moral character requirements.
When multiple family members are applying for adjustment of status, each application must include its own supporting evidence and satisfy the applicable eligibility requirements. Call Shankar & Associates PC at (800) 461-1467 to discuss your family’s adjustment of status applications.
Rajat (Raj) Shankar earned his J.D. magna cum laude from Touro College Jacob D. Fuchsberg Law Center in 2012 after completing a B.A. in Mathematics at East Stroudsburg University in 2008. He was admitted to the New York bar in 2013 and practices across immigration law, including cancellation of removal, asylum, and deportation defense, with a primary focus on employment-based immigration for both workers and employers.
Attorney Shankar arrived in the United States at eight years old, obtained his Green Card, and later became a U.S. citizen. He explains each USCIS requirement and process in plain terms, ensuring transparency with clients. From the firm’s Plainview Road office, he prepares filings document by document for survivors and families throughout Nassau County and the surrounding Long Island communities.
Federal law protects the confidentiality of T nonimmigrant applicants throughout the adjustment of status process. Under 8 U.S.C. § 1367, government agencies cannot disclose information about T visa applicants to most third parties, and violations can result in penalties. These protections continue after you file Form I-485, and USCIS handles trafficking-related records under strict confidentiality requirements.
Yes. USCIS allows T visa applicants to receive correspondence at a safe mailing address that is different from their home address. Many applicants choose to use an attorney’s office, an advocate’s office, or the home of a trusted family member or friend.
If your mailing address changes after filing, follow USCIS’s address-change procedures for protected individuals rather than using the standard online change-of-address system. Update each pending application separately, as changing the address for one case does not automatically update every pending filing.
Protecting your privacy is an important part of the adjustment process, especially if you have concerns about your safety or ongoing contact with your trafficker. Call Shankar & Associates PC at (800) 461-1467 to discuss your case and the confidentiality protections available during your application.
Many delays result from avoidable filing errors rather than eligibility issues. Filing before meeting the continuous physical presence requirement, submitting incomplete or inconsistent evidence, missing USCIS deadlines, or sending an incomplete Form I-485 packet can all delay your case or result in the application being rejected before USCIS reviews the merits.
Common mistakes include:
Submitting a complete application the first time can save months of additional processing. Call Shankar & Associates PC at (800) 461-1467 to discuss your adjustment of status application with Rajat Shankar.
Shankar & Associates PC represents trafficking survivors and their families from its Plainview office, serving clients throughout Nassau County, Long Island, and nearby New York communities, including:
Applying for adjustment of status after receiving T-1 nonimmigrant status requires careful preparation and complete supporting documentation. Working with an experienced immigration attorney can help you address eligibility questions, avoid preventable filing errors, and respond effectively to USCIS requests throughout the process.
Rajat Shankar has practiced immigration law in New York since 2013 and represents trafficking survivors in adjustment of status matters before USCIS. He works directly with clients from the initial eligibility review through USCIS adjudication, helping prepare applications, respond to agency requests, and address issues that arise during the case.
Call (800) 461-1467 to schedule a consultation. Our office at 518 Plainview Rd, Plainview, NY 11803 serves trafficking survivors and their families throughout Nassau County and Long Island.
Yes. A principal applicant must have been lawfully admitted in T-1 status and must continue to hold T-1 status when Form I-485 is filed. The applicant is not eligible under this provision if T status has been revoked. Review the I-94 and approval notice before filing.
Yes. T nonimmigrants are eligible for employment authorization, and applicants with a pending Form I-485 may also request an Employment Authorization Document using Form I-765. Keep your current work authorization valid rather than letting it lapse during processing.
No USCIS filing fee applies to Form I-485 and the specified related forms filed in connection with T status or adjustment under INA § 245(l), including Forms I-131, I-601, and I-765. A civil surgeon may still charge separately for the medical examination.
Not necessarily. If the principal applicant files after completing the three-year continuous-presence period, USCIS may consider other credible evidence relevant to cooperation, hardship, age, or a trauma-based inability to cooperate. If the applicant relies on the shorter investigation-or-prosecution period, however, the required completion document must be signed by the Attorney General or a designee.
Travel without prior authorization can jeopardize both your pending application and your continuous presence record. Request advance parole using Form I-131 and wait for approval before leaving the country.
Get Personalized Answers for Your Case
