PLAINVIEW, NY – Survivors of severe human trafficking who are living in the United States may be eligible for protection through T nonimmigrant status, a benefit requested by filing Form I-914 with U.S. Citizenship and Immigration Services (USCIS). New York T visa immigration lawyer Rajat Shankar of Shankar & Associates PC (https://shankarlaw.com/what-is-t-visa-application-form-i-914/) is offering guidance on what Form I-914 is, who qualifies, and how survivors on Long Island and throughout New York can pursue legal status and a potential path to a green card.
According to New York T visa immigration lawyer Rajat Shankar, Congress created T nonimmigrant status in October 2000 through the Victims of Trafficking and Violence Protection Act to protect survivors while strengthening the ability of law enforcement to investigate and prosecute traffickers. “Form I-914 is far more than paperwork,” Shankar explains. “It is often the first meaningful step toward safety and stability for someone who has endured a deeply traumatic experience.”
New York T visa immigration lawyer Rajat Shankar notes that an approved application allows a survivor to remain in the United States for an initial period of up to four years, apply for work authorization, access certain federal and state benefits, and build toward eligibility for lawful permanent residence. The main application is often accompanied by two supplemental forms, including Supplement A for qualifying family members seeking derivative status and Supplement B, the law enforcement certification that documents both the applicant’s status as a trafficking victim and cooperation with authorities.
To qualify under federal law, an applicant generally must show they are or were a victim of a severe form of trafficking, are physically present in the United States because they were trafficked, have complied with reasonable law enforcement requests for assistance, and would suffer extreme hardship involving unusual and severe harm if removed. These requirements are governed by 8 C.F.R. 214.11, and Shankar emphasizes that missing even one element can result in a denial.
The applicable federal statute recognizes two categories of severe trafficking under 22 U.S.C. 7102. One involves recruiting, harboring, transporting, or obtaining a person for commercial exploitation through force, fraud, or coercion, which is also established when the person is under 18 years old. The other involves obtaining a person for labor or services through force, fraud, or coercion for purposes such as involuntary servitude, peonage, debt bondage, or slavery.
Attorney Shankar points out that the law enforcement cooperation requirement has two important exceptions. Applicants who were under 18 years old when at least one act of trafficking occurred do not need to demonstrate cooperation, and those unable to cooperate due to physical or psychological trauma may also qualify for an exemption. “The law recognizes that some survivors, particularly minors and those coping with serious trauma, cannot always assist an investigation,” he observes. “That understanding is built directly into the eligibility standards.”
A complete application typically requires a personal statement describing the trafficking experience, evidence of the trafficking itself, proof of physical presence in the United States, documentation of law enforcement cooperation or an applicable exception, and evidence of admissibility or a waiver request through Form I-192 when needed. Shankar notes that USCIS applies an “any credible evidence” standard, allowing survivors to submit police reports, court documents, medical and psychological records, news articles, witness affidavits, and letters from nongovernmental organizations.
Applicants in New York mail Form I-914 to the USCIS Elgin Lockbox, and there is no filing fee for the application or related forms through adjustment of status. After filing, applicants receive a receipt notice and are scheduled for a biometrics appointment, often completed at a local Application Support Center for residents of Nassau County and Long Island. Shankar advises that processing generally takes a year or longer, and that federal law caps principal T visas at 5,000 per year, a limit first reached in Fiscal Year 2023.
Shankar adds that a favorable bona fide determination can provide critical interim relief. “When USCIS finds that an application appears legitimate and meets the initial requirements, an applicant may receive temporary work authorization and protection from removal while the full case is still pending,” he says. After three years of continuous physical presence, or sooner if the related investigation or prosecution is complete, T visa holders may apply for lawful permanent residence by filing Form I-485.
The firm serves immigrant communities throughout Nassau County, Long Island, and the greater New York area from its Plainview office. For survivors facing this sensitive and complex process, consulting a knowledgeable immigration attorney may help ensure that applications are thorough, well-documented, and prepared in a manner that protects the applicant’s rights.
About Shankar & Associates PC:
Shankar & Associates PC is a Plainview, New York immigration law firm led by attorney Rajat Shankar, whose own experience as an immigrant shapes his dedication to helping others navigate the immigration system. The firm assists trafficking survivors and their families with T visa applications, humanitarian relief, deportation defense, asylum, and other immigration matters throughout Nassau County and Long Island. For a confidential consultation, call (800) 461-1467.
Embeds:
Youtube Video: https://www.youtube.com/watch?v=MgnCX-CseP8
GMB: https://www.google.com/maps?cid=12579413868790841333
Email and website
Email: rajat.shankar@shankarlaw.com
Website: https://shankarlaw.com/
Media Contact
Company Name: Shankar & Associates PC
Contact Person: Rajat Shankar
Email: Send Email
Phone: (212) 461-1467
Address:518 Plainview Rd
City: Plainview
State: New York 11803
Country: United States
Website: https://shankarlaw.com/