PLAINVIEW, NY - Survivors of trafficking who are physically present in the United States may qualify for meaningful immigration relief under federal law, but understanding the precise legal definition is an essential first step. Nassau County immigration attorney Rajat Shankar of Shankar & Associates PC (https://shankarlaw.com/blog/severe-form-trafficking-22-usc-7102/) explains how the United States Citizenship and Immigration Services defines severe forms of trafficking in persons and how that definition shapes T visa eligibility.
According to Nassau County immigration attorney Rajat Shankar, the definition of severe forms of trafficking comes from the Trafficking Victims Protection Act of 2000 and is codified at 22 U.S.C. Section 7102. The statute covers two distinct categories: trafficking involving commercial exploitation induced by force, fraud, or coercion, and labor trafficking that subjects a person to involuntary servitude, peonage, debt bondage, or slavery. "Understanding the federal definition is essential because it determines who qualifies for a T visa and the path to permanent residence that comes with it," Shankar explains.
Nassau County immigration attorney Rajat Shankar notes that the USCIS Policy Manual requires applicants to demonstrate three elements: a prohibited action, the use of specific means, and a particular exploitative purpose. Prohibited actions include recruiting, harboring, transporting, providing, or obtaining a person. The means element requires force, fraud, or coercion, though that requirement does not apply in the commercial exploitation category when the victim was under eighteen at the time of the conduct. Under 8 CFR Part 214, Subpart C, USCIS recognizes that trafficking can occur even when the trafficker's intended purpose was never carried out, as long as the evidence shows the trafficker acted with that purpose in mind.
Attorney Shankar points out that labor trafficking has no age-based exception. Force, fraud, or coercion must be present in every labor trafficking case, and each of the four exploitative purposes has a specific legal meaning under the TVPA. Involuntary servitude refers to forced labor compelled by threats of serious harm, physical restraint, or abuse of the legal process. Peonage involves forced labor used to pay off a debt. Debt bondage occurs when a person pledges personal services as security for a debt and the value of those services is never fairly applied toward it. "These categories can arise in many industries, including domestic service, agriculture, restaurant work, and construction," Shankar adds.
The firm explains that force, fraud, and coercion each carry distinct federal definitions. Force includes physical violence, physical restraint, or the threat of either. Fraud involves deception or false promises, such as promises of legitimate employment that turn into forced labor with wages withheld and documents confiscated. Coercion under 22 U.S.C. Section 7102 covers threats of serious harm, psychological schemes designed to compel compliance, and the abuse or threatened abuse of the legal process, including threats to contact immigration authorities.
Shankar notes that USCIS applies a victim-centered, trauma-informed approach when reviewing T visa applications. The agency uses an "any credible evidence" standard, which means no single form of proof is required. Applicants may support their claims through personal statements, medical records, court documents, news reports, and other evidence. A Law Enforcement Agency declaration on Form I-914, Supplement B, is helpful but optional, and USCIS makes the final determination of whether an applicant qualifies.
To qualify for T nonimmigrant status, an applicant must show they are or were a victim of a severe form of trafficking, are physically present in the United States because of the trafficking, have complied with reasonable law enforcement requests for assistance (with exceptions for minors and those unable to cooperate due to trauma), would suffer extreme hardship involving unusual and severe harm if removed, and are admissible or qualify for a waiver. "The T visa process requires careful documentation and coordination with federal agencies, but it offers meaningful protection for survivors," Shankar observes.
T visa holders may eventually apply for lawful permanent residence after maintaining status and continuous physical presence for three years, or for the duration of an ongoing criminal investigation or prosecution, whichever is shorter. The August 2024 final rule on T visa regulations reinforced these standards and introduced a formal Bona Fide Determination process that allows eligible applicants to receive deferred action and employment authorization while their full application remains pending.
For those who believe they may be survivors of trafficking, understanding available legal options can be a critical first step toward safety and stability. Consulting an experienced immigration attorney may help individuals document their experience, gather supporting evidence, and work through the T visa application process.
About Shankar & Associates PC:
Shankar & Associates PC is a Plainview-based law firm focused on immigration law, including humanitarian cases involving survivors of trafficking, U visa applicants, asylum seekers, and individuals facing removal. Led by attorney Rajat Shankar, the firm serves clients throughout Nassau County, Long Island, and New York from its office at 518 Plainview Rd, Plainview, NY 11803. For consultations, call (800) 461-1467.
Email: rajat.shankar@shankarlaw.com
Media Contact
Name
Shankar & Associates PC
Contact name
Rajat Shankar
Contact phone
(800) 461-1467
Contact address
518 Plainview Rd
City
Plainview
State
NY
Zip
11803
Country
United States
Url
https://shankarlaw.com/
