Latest / BSPE Legal Marketing Podcast / What Is Continued Presence for Trafficking Victims? - Rajat Shankar

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What Is Continued Presence for Trafficking Victims? - Rajat Shankar · BSPE Legal Marketing Podcast

• 0:00
  What Is Continued Presence for Trafficking Victims?
• 0:03
  For trafficking survivors in the United States, a little-known immigration protection called Continued Presence can mean the difference between being deported mid-investigation and having the stability to rebuild.
• 0:15
  Continued Presence is a temporary immigration status that allows eligible foreign national trafficking victims to remain and work lawfully in the United States during a trafficking-related investigation, prosecution, or qualifying federal civil action under 18 U.S.C. § 1595.
• 0:34
  Unlike a T visa, Continued Presence is not something a survivor applies for themselves — it must be requested on their behalf by a federal, state, or local law enforcement agency through ICE's Homeland Security Investigations.
• 0:50
  The authority for this protection comes from federal regulation under 28 C.F.R. § 1100.35, which permits Continued Presence specifically for victims of human trafficking while their cases are active.
• 1:03
  To qualify, an individual must be identified as a foreign national victim of a severe form of human trafficking who lacks lawful immigration status and is considered a potential witness to the crime.
• 1:16
  Under federal law, a severe form of trafficking includes sex trafficking induced by force, fraud, or coercion — or involving anyone under 18 — as well as labor trafficking through force, fraud, or coercion for involuntary servitude, debt bondage, or slavery.
• 1:32
  For minors, no proof of force, fraud, or coercion is required — any person under 18 induced into a commercial sex act is automatically considered a victim of a severe form of trafficking under the law.
• 1:45
  Importantly, active or immediate cooperation with law enforcement is not a mandatory prerequisite for Continued Presence to be granted, meaning survivors are not required to testify or take any action that places them in immediate danger.
• 2:01
  Once DHS approves the request, Continued Presence is initially granted for two years and may be renewed in two-year increments for as long as the qualifying investigation, prosecution, or civil action supports the need.
• 2:15
  While active, Continued Presence provides lawful presence in the country, employment authorization, protection from deportation through deferred action, and potential access to federal benefits through HHS certification.
• 2:29
  These protections give survivors something they rarely experience during trafficking — stability, and the legal foundation to begin rebuilding their lives while the case moves forward.
• 2:41
  Because Continued Presence is tied to an active case, planning for a longer-term remedy like a T visa early is essential, and working with a knowledgeable attorney alongside a victim advocate can make all the difference.
• 2:54
  An experienced immigration lawyer can help a survivor connect with the right agencies, document their case thoroughly, and develop a strategy for pursuing long-term immigration stability in the United States.
• 3:07
  Contact Shankar & Associates PC, located at 518 Plainview Rd, Plainview, NY 11803, by calling 212, 461, 1467 to speak with a law firm dedicated to helping trafficking survivors understand and pursue every available protection, and schedule your confidential consultation today.