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What Are the T Visa Adjustment of Status Requirements Under INA § 245(l)? - Rajat Shankar · BSPE Legal Marketing Podcast

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  WHAT ARE THE T VISA ADJUSTMENT OF STATUS REQUIREMENTS UNDER INA § 245(l)?
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  For survivors of human trafficking who hold T nonimmigrant status, INA § 245(l) offers a powerful legal pathway from temporary protection to permanent residence in the United States.
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  Congress created this adjustment pathway in October 2000 through the Victims of Trafficking and Violence Protection Act, ensuring that survivors could build lasting stability rather than rely on benefits that eventually expire.
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  INA § 245(l), codified at 8 U.S.C. § 1255(l), is the legal bridge that connects T-1 status holders and their derivative family members to a green card, provided they meet each statutory requirement.
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  A principal applicant must have been lawfully admitted as a T-1 nonimmigrant and must continue holding that status at the time of filing Form I-485 with USCIS.
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  Generally, the applicant must demonstrate at least three continuous years of physical presence in the United States after being lawfully admitted in T-1 status, though a shorter period may apply if the trafficking investigation or prosecution concluded earlier.
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  A single departure from the United States lasting more than 90 days, or multiple departures totaling more than 180 days, will generally break the continuous physical presence requirement and jeopardize eligibility.
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  Applicants must also establish good moral character from the date of their T-1 admission all the way through the final adjudication of their case, not merely at the time of filing.
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  USCIS also requires that applicants comply with any reasonable law enforcement requests related to detecting, investigating, or prosecuting trafficking activity, though several important exceptions exist for those who cannot cooperate.
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  Exceptions to the cooperation requirement are available for applicants who were under 18 at the time of the trafficking, who would suffer extreme hardship involving unusual and severe harm if removed, or who established an inability to cooperate when their Form I-914 was approved.
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  Because adjustment under this section is discretionary, the applicant must also be admissible to the United States or hold an approved waiver, and USCIS must determine that a favorable exercise of discretion is warranted.
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  Gathering evidence of continuous physical presence is often the most time-consuming part of the process, requiring leases, pay stubs, school records, medical records, and supporting affidavits from people with firsthand knowledge.
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  Derivative family members holding T-2 through T-6 status are also eligible to apply for adjustment, though they are subject to different eligibility requirements than the principal applicant.
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  An experienced immigration attorney can help identify potential issues with your record before filing, ensuring that your application is complete and that any grounds of inadmissibility are properly addressed.
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  At Shankar & Associates PC, attorney Rajat Shankar guides trafficking survivors and their families through every step of the adjustment process, from gathering supporting evidence to responding to USCIS requests during review.
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  This law firm brings a deeply personal commitment to humanitarian immigration work, shaped by Rajat Shankar's own immigration journey to the United States and his subsequent path to citizenship.
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  Contact Shankar & Associates PC, located at 518 Plainview Rd, Plainview, NY 11803, by calling 212, 461, 1467 to schedule a consultation and get the guidance you need to build a complete T visa adjustment package.