How Does the USCIS Define "Severe Forms of Trafficking"? - Rajat Shankar

From Shankar & Associates PC - How Does the USCIS Define "Severe Forms of Trafficking"? explains how the United States Citizenship and Immigration Services defines trafficking under the Trafficking Victims Protection Act of 2000 and 22 U.S.C. § 7102. This episode explores how federal law separates sex trafficking and labor trafficking, why force, fraud, or coercion matter, and how these definitions affect T visa eligibility for trafficking survivors in New York, Long Island, Nassau County, and across the United States.

Listeners will hear how USCIS evaluates the three required elements of severe trafficking: a prohibited action, the means used by the trafficker, and the exploitative purpose behind the conduct. The discussion covers commercial sex acts, involuntary servitude, peonage, debt bondage, slavery, the minor exception in sex trafficking cases, and the expanded role of patronizing and soliciting under the Justice for Victims of Trafficking Act of 2015.

The episode also highlights how Rajat Shankar and Shankar & Associates PC guide trafficking survivors through the T visa process, including personal statements, Form I-914 Supplement B, Law Enforcement Agency declarations, the “any credible evidence” standard, and the August 2024 final rule introducing Bona Fide Determination review. It also explains physical presence requirements, cooperation with law enforcement, extreme hardship, admissibility, and the annual 5,000 T-1 visa cap.

Finally, the episode looks at long-term immigration relief, including adjustment of status through Form I-485, lawful permanent residence, and support from agencies such as the New York State Division of Criminal Justice Services, the Interagency Task Force on Human Trafficking, the Nassau County District Attorney's Office, and the National Human Trafficking Hotline. Based in Plainview, NY, Shankar & Associates PC serves trafficking survivors throughout New York with immigration guidance rooted in protection, stability, and legal relief.

Shankar & Associates PC

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