PLAINVIEW, NY – Trafficking survivors holding a T visa in New York may pursue lawful permanent residence through a process known as adjustment of status, which involves strict eligibility requirements and detailed documentation. Plainview immigration attorney Rajat Shankar of Shankar & Associates PC (https://shankarlaw.com/how-does-t-visa-to-greencard-adjustment-status-work/) is providing guidance to help T visa holders and their families understand who qualifies for a green card and how the application process works. The firm assists survivors on Long Island and throughout the greater New York area at every stage, from confirming eligibility to filing with U.S. Citizenship and Immigration Services (USCIS).
According to Plainview immigration attorney Rajat Shankar, a principal T-1 nonimmigrant generally must meet four core requirements to adjust status. These include continuing to hold valid T-1 status, maintaining continuous physical presence in the United States for at least three years since admission, demonstrating good moral character, and complying with reasonable law enforcement requests for assistance in detecting, investigating, or prosecuting human trafficking. “Many survivors don’t realize they may qualify sooner if the trafficking investigation or prosecution has been certified as complete,” Shankar explains.
Plainview immigration attorney Rajat Shankar notes that the law also recognizes important alternatives to the law enforcement cooperation requirement. Applicants may still qualify if they were under 18 at the time of the qualifying victimization, if physical or psychological trauma made cooperation impossible, or if removal would cause extreme hardship involving unusual and severe harm. The T visa, created in 2000 under the Victims of Trafficking and Violence Protection Act, allows survivors of severe forms of trafficking to remain in the United States for an initial period of up to four years.
The adjustment process begins by confirming eligibility and reviewing travel history, since USCIS generally treats continuous physical presence as broken if an applicant was outside the country for more than 90 consecutive days or more than 180 days in the aggregate. Applicants then assemble supporting documents, including Form I-485, evidence of continuous physical presence such as lease agreements, utility bills, and tax returns, evidence of good moral character, proof of law enforcement cooperation, and Form I-693, the immigration medical examination completed by a USCIS-designated civil surgeon. “Unlike many other green card categories, T visa adjustment does not require a separate immigrant petition,” Shankar points out.
After filing, applicants attend a biometrics appointment at a local Application Support Center, where USCIS collects fingerprints, a photograph, and a signature for background checks. An in-person interview may be scheduled, though interviews for T visa adjustment cases are not always required. USCIS ultimately issues an approval, a Request for Evidence with a specific response deadline, or a denial with a written explanation and any applicable appeal rights.
Shankar advises that derivative family members admitted in T-2 through T-6 status may also apply for permanent residence, with eligibility tied to the principal T-1 applicant’s case. “Derivative applicants do not need to prove continuous physical presence or a separate good moral character requirement, but each must file a separate Form I-485 and remain admissible or qualify for a waiver,” he notes. Derivatives retain their T nonimmigrant status even after the principal applicant becomes a lawful permanent resident, allowing them to pursue a green card afterward.
Processing times for these applications typically take at least one year and may run longer depending on USCIS caseload, the completeness of the filing, and whether additional evidence is requested. Attorney Shankar emphasizes that timely filing carries important benefits. “Principal T-1 applicants who file before their status expires generally remain authorized to work incident to status while the case is pending,” he says, adding that derivative applicants who timely file generally must separately file Form I-765 to obtain employment authorization.
Cost is another notable feature of T-based cases, as Form I-485 is generally fee-exempt for these applicants. Related forms such as Form I-131 for advance parole travel or Form I-601 may carry separate fees unless they qualify for an exemption or waiver, and the civil surgeon medical examination typically costs between $200 and $500. Shankar also cautions that applicants who travel internationally while a case is pending should first obtain advance parole, since leaving without it can be treated as abandonment of the green card application.
The firm notes that applications may be denied for breaks in continuous physical presence, failure to demonstrate good moral character, criminal history, lack of law enforcement cooperation without a qualifying exception, or grounds of inadmissibility such as fraud or misrepresentation. However, T visa applicants have access to broader inadmissibility waivers than most other categories when the conduct was caused by or incident to the trafficking victimization, and T-based applicants are exempt from the public charge ground.
For trafficking survivors and T visa holders considering permanent residence, consulting a qualified immigration attorney may help clarify eligibility, assemble accurate documentation, and avoid delays that can arise from errors or omissions.
About Shankar & Associates PC:
Shankar & Associates PC is a New York immigration law firm located at 518 Plainview Road in Plainview, Nassau County. Led by attorney Rajat Shankar, the firm represents trafficking survivors, T visa holders, and others facing a range of immigration matters, serving clients in Nassau County, Suffolk County, Queens, and communities across the metropolitan area. For consultations, call (212) 461-1467.
Email: rajat.shankar@shankarlaw.com
Media Contact
Name
Shankar & Associates PC
Contact name
Rajat Shankar
Contact phone
(212) 461-1467
Contact address
518 Plainview Rd
City
Plainview
State
NY
Zip
11803
Country
United States
Url
https://shankarlaw.com/
