What Are the Five Eligibility Requirements for a T Visa? by Rajat Shankar

What Are the Five Eligibility Requirements for a T Visa? by Rajat Shankar

Federal immigration law gives trafficking survivors a path to seek protection through a T visa, and understanding the T visa eligibility requirements can shape the strength of an application. Nassau County T visa immigration attorney Rajat Shankar of Shankar & Associates PC guides clients in New York, Long Island, Nassau County, Suffolk County, and the greater New York area through each step of this process. He works with trafficking survivors to prepare personal statements, gather medical records, review police reports, and build a clear case for T nonimmigrant status before USCIS.

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A T visa may apply to victims of severe human trafficking who experienced sex trafficking or labor trafficking through force, fraud, or coercion. Federal immigration law recognizes severe human trafficking in cases involving a commercial sex act, involuntary servitude, peonage, debt bondage, or slavery. A person may qualify even if the trafficking happened within a single community and did not involve movement across state lines or international borders. USCIS reviews these matters under the any credible evidence standard, which means applicants may rely on personal statements, police reports, medical records, statements from social workers, and records from shelter staff.

Physical presence in the United States also matters. An applicant must show physical presence in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, CNMI, or at a port of entry on account of trafficking under 8 C.F.R. § 214.207. That connection may involve being brought here for trafficking, remaining here because of the trafficking, or returning for victimization-related treatment or services. Even if the trafficking happened outside New York, a survivor now living on Long Island may still meet this requirement if the current presence ties back to the trafficking experience.

Another key issue involves cooperation with law enforcement requests during the detection, investigation, or prosecution of trafficking under INA § 101(a)(15)(T)(i)(III). Victims under 18 years of age may qualify without cooperation, and survivors dealing with physical trauma or psychological trauma may also qualify for an exemption. Form I-914, Supplement B, known as the Declaration of Law Enforcement Officer for Victim of Trafficking in Persons, can support the case, but applicants may also use court records, correspondence, and statements from victim advocates. New York Social Services Law § 483-bb and the New York State Office of Temporary and Disability Assistance, or OTDA, also play a role in helping trafficking survivors access services.

Applicants must also prove extreme hardship involving unusual and severe harm under 8 C.F.R. § 214.209. USCIS may look at retaliation by a trafficker, re-trafficked risk, country conditions evidence, medical evaluations, psychological assessments, and trafficker threats. Admissibility to the United States also affects the filing, but waivers may be available through INA § 212(d)(13), INA § 212(d)(3), and Form I-192, Application for Advance Permission to Enter as a Nonimmigrant. Rajat Shankar, a Touro Law Center graduate and former Chair of the Immigration Committee for the Nassau County Bar Association, helps clients prepare a personal declaration, seek work authorization, protect confidentiality, and pursue lawful permanent residence when eligible. Shankar & Associates PC serves clients from 518 Plainview Road in Plainview and helps survivors understand their legal options with a direct and practical approach.

What are the eligibility requirements for a T visa?
Who is eligible for T?
What evidence is needed for a T visa?
How long does it take for the T visa to be approved?

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