PLAINVIEW, NY – Labor trafficking survivors seeking federal immigration relief may find that state criminal investigations can support their applications, even if those investigations do not result in a conviction. Plainview T visa immigration attorney Rajat Shankar of Shankar & Associates PC (https://shankarlaw.com/blog/ny-penal-law-135-35-labor-trafficking/) explains how evidence from New York Penal Law Section 135.35 investigations can strengthen a T visa application under federal immigration law.
According to Plainview T visa immigration attorney Rajat Shankar, New York Penal Law Section 135.35 addresses the crime of labor trafficking by punishing those who obtain or maintain someone’s labor through force, fraud, or specified forms of coercion. The statute criminalizes conduct such as withholding immigration documents, threatening criminal accusations, or requiring labor to service a fraudulently created debt. “A criminal investigation or prosecution under New York law can provide valuable evidence for a T visa application, but it is not a prerequisite for approval,” explains Shankar.
Plainview T visa immigration attorney Rajat Shankar emphasizes that the U.S. Citizenship and Immigration Services (USCIS) reviews each application independently using a preponderance of the evidence standard. While a New York state court requires guilt beyond a reasonable doubt for a criminal conviction under Section 135.35, USCIS evaluates eligibility based solely on federal immigration requirements. Evidence from a criminal case, such as police reports, indictments, or plea agreements, is considered alongside the applicant’s personal declaration. Because the two systems serve completely different purposes- one to criminally punish the trafficker and the other to provide immigration protection- the absence of an arrest or criminal charge does not inherently prevent an individual from securing federal relief.
Attorney Shankar points out that many human trafficking cases never result in criminal prosecution, making alternative forms of evidence crucial for immigration applications. “Rather than relying on any single document, USCIS reviews all of the available evidence together,” he notes. A detailed personal declaration often serves as the foundation of the application, explaining how the applicant was recruited, controlled, or compelled to work.
When direct criminal records are unavailable, the firm utilizes alternative documentation under the federal “any credible evidence” standard. This can include sworn statements from family members, coworkers, or advocates who have firsthand knowledge of the situation. Additionally, medical records detailing treatment for injuries, employment records showing unpaid wages, text messages, photographs, pay stubs, and reports from social service agencies or shelters can all serve as powerful corroborating evidence. These materials help establish the core elements of the application without relying solely on a successful state prosecution under New York’s labor trafficking laws.
Under federal rules, applicants must generally report the trafficking to a law enforcement agency and comply with reasonable requests for assistance. However, Shankar advises that there are important exemptions to this requirement. Individuals who were under 18 years old when at least one act of trafficking occurred are exempt, and a trauma exception applies when physical or psychological trauma prevents cooperation.
Law enforcement records, when available, can still play a significant role. Evidence such as detective notes, police reports, and Form I-914, Supplement B, an optional declaration from a supervising official, can corroborate the applicant’s account. “If an earlier statement exists, USCIS may compare it with the applicant’s later declaration, so it is important that any differences are explained in context, especially considering how trauma affects memory and disclosure,” advises Shankar.
The legal team handles these challenging matters for clients throughout Long Island, including Nassau County courts and the greater New York area, ensuring that every piece of evidence is properly organized and presented.
For those affected by labor trafficking in New York, consulting with an experienced immigration attorney can help clarify the available legal pathways and evidentiary requirements. Understanding how state criminal investigations intersect with federal immigration relief may provide crucial guidance for those pursuing T nonimmigrant status.
About Shankar & Associates PC:
Shankar & Associates PC is a Plainview-based law firm focused on immigration law, including humanitarian relief such as T visas, asylum, and deportation defense. Led by attorney Rajat Shankar, the firm represents clients throughout Nassau County, Long Island, and greater New York, working closely with individuals to prepare well-supported applications based on the unique facts of each case. 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/
