What Is New York Penal Law § 135.35 (Labor Trafficking) and How Does It Support a T Visa Case? - Rajat Shankar
Note sull'episodio
From Shankar & Associates PC - What Is New York Penal Law § 135.35 (Labor Trafficking) and How Does It Support a T Visa Case? explains how state labor trafficking evidence can connect to a federal T visa application. The episode walks through what New York Penal Law § 135.35 prohibits, including obtaining or maintaining labor through force, fraud, or coercion, and clarifies that a conviction is not required for USCIS to approve T nonimmigrant status. Listeners will hear how police reports, court records, witness statements, and other credible evidence may help establish eligibility even when no arrest or criminal charge ever occurred.
The discussion also distinguishes New York's criminal labor trafficking statute from the federal Trafficking Victims Protection Act, noting that New York state courts require guilt beyond a reasonable doubt while USCIS applies a preponderance of the evidence standard. The description covers how documents like indictments, plea agreements, or convictions may support parts of a T visa case, while emphasizing that USCIS considers all credible evidence together with an applicant's personal statement rather than relying on any single record.
Rajat Shankar of Shankar & Associates PC, a T visa immigration attorney, is featured discussing how trafficking survivors can pursue T nonimmigrant status using criminal, civil, employment, and medical records. Rajat Shankar explains the role of Form I-914, Supplement B as an optional law enforcement declaration, and how exemptions for minors or trauma-based exceptions may apply when trafficking was never reported to authorities.
The episode closes with information on penalties under New York Penal Law § 135.35, including its classification as a Class D felony, and how those criminal outcomes remain separate from federal T visa eligibility. Shankar & Associates PC, located in Plainview, describes serving trafficking survivors across Long Island and greater New York, and listeners are invited to call (800) 461-1467 to schedule a confidential consultation.
Shankar & Associates PC
518 Plainview Rd, Plainview, NY 11803
(800) 461-1467