PLAINVIEW, NY - Trafficking survivors applying for T Nonimmigrant Status in New York face a critical early challenge: preparing a personal statement that addresses every federal eligibility requirement while accurately reflecting their experience. Nassau County immigration attorney Rajat Shankar of Shankar & Associates PC (https://shankarlaw.com/blog/t-visa-personal-statement-preparation/) outlines the key elements of an effective T visa personal statement and the most common mistakes that can weaken an application.
According to Nassau County immigration attorney Rajat Shankar, the personal statement is one of the most important components of a T visa filing. Submitted with Form I-914 to U.S. Citizenship and Immigration Services, the statement must describe how the trafficking occurred, how the applicant's physical presence in the United States relates to the trafficking, the hardship or harm feared if the applicant is removed, and whether the applicant complied with any reasonable law enforcement request or qualifies for an age exemption or trauma exception. "The personal statement is not a test of memory; it is a legal document that must connect each element of the survivor's experience to the eligibility criteria USCIS is evaluating," Shankar explains.
Nassau County immigration attorney Rajat Shankar emphasizes that trauma-informed writing is essential when preparing these statements. Post-traumatic stress, depression, and anxiety can cause memory gaps, fragmented recall, and difficulty placing events in exact chronological order. Rather than guessing or omitting information when specific dates or sequences are unclear, applicants should address those gaps directly in the statement. "Writing that you do not remember the exact date but that the events occurred during a particular season or year is far stronger than leaving a gap or offering an inaccurate detail," Shankar advises.
The firm helps clients avoid common mistakes that frequently weaken T visa applications. Vague language that fails to connect the survivor's experience to the legal definition of trafficking is among the most damaging errors. A statement that describes an employer as "mean" does not establish force, fraud, or coercion. Instead, specific descriptions of passport confiscation, debt bondage arrangements, threats of deportation, or withheld wages directly support the trafficking analysis USCIS performs. Inconsistencies between the personal statement and supporting documents, including the Form I-914 Supplement B declaration, police reports, and medical records, are another source of avoidable denials and requests for evidence.
Shankar notes that the personal statement should be supported by a full corroborating evidence package. Helpful documentation includes Form I-914 Supplement B declarations, police reports, medical and psychological records, witness statements, employment records showing labor conditions or wage withholding, and photographs or communications that substantiate details described in the statement. In New York, survivors may also seek supporting documentation from organizations such as Safe Horizon's Anti-Trafficking Program, which provides services to survivors of labor and gender-based trafficking, and from New York's Division of Criminal Justice Services and Office of Temporary and Disability Assistance.
"Survivors who were under 18 when at least one trafficking act occurred are exempt from the cooperation requirement, but they still need to address that exemption in the personal statement," Shankar points out. For minor sex trafficking survivors, the statement does not need to prove force, fraud, or coercion if the commercial act occurred while the survivor was under 18. Labor trafficking cases involving minors still generally require evidence of force, fraud, or coercion.
After filing, USCIS may issue a Request for Evidence if the personal statement does not fully address one or more eligibility criteria. For applications filed on or after August 28, 2024, USCIS also conducts a bona fide determination review, and a signed personal statement is one of the initial review criteria. If the application is found to be bona fide, USCIS may issue deferred action and consider the applicant for employment authorization.
For trafficking survivors preparing a T visa application in Nassau County, Queens, or the greater New York area, working with an experienced immigration attorney can help ensure the personal statement addresses every legal requirement while maintaining the survivor's own voice throughout.
About Shankar & Associates PC:
Shankar & Associates PC is a Plainview-based immigration law firm focused on T visa applications and other forms of immigration relief for survivors of trafficking and serious crimes. Led by attorney Rajat Shankar, the firm takes a trauma-informed approach to case preparation and serves clients across Nassau County, Queens, and all of New York. For consultations, call (800) 461-1467.
Email: rajat.shankar@shankarlaw.com
Media Contact
Name
Shankar & Associates PC
Contact name
Rajat Shankar
Contact phone
(800) 461-1467
Contact address
518 Plainview Rd
City
Plainview
State
NY
Zip
11803
Country
United States
Url
https://shankarlaw.com/
COMTEX_484972702/2888/2026-06-26T15:35:56
