Burlington County Prosecutor’s Office Procedures
for T- and U-Visa Nonimmigrant Status Applications
Overview
Immigrants who are victims of certain crimes may be
eligible to obtain legal status in the United States by application to the
United States Citizenship and Immigration Services (USCIS), a federal agency of
the Department of Homeland Security. These
visas, referred to as a T-Visa or U-Visa, allow the recipient, as well as certain
family members, to obtain legal status and remain in the United States for a
period of up to four years to assist law enforcement in the prosecution of
criminal activity. In certain
circumstances, a visa may be renewed or may serve as a basis for an application
for permanent legal status.
Prior to submitting an application to the United
States Citizenship and Immigration Services, however, certain documentation
must be submitted to the Burlington County Prosecutor’s Office for review. The documentation will facilitate the federal
application process. As such, the
purpose of this notification is to advise prospective applicants of the
procedure utilized by Burlington County for the processing of T- and U-Visa
applications.
Nonimmigrant
T-Visas
The following should be considered prior to submitting
an application for a T-Visa:
Eligibility
An individual may be eligible for issuance of a
T-Visa if he or she:
- Is,
or has been, a victim of human trafficking; and
- Has
complied with requests for assistance in an investigation or prosecution of such
activity.
Declaration
An applicant for a T-Visa must prove to the United
States Citizenship and Immigration Services that he or she has satisfied the
eligibility requirements as set forth above.
In order to do so, the individual may obtain a signed statement, known
as a “declaration,” from the law enforcement agency investigating or
prosecuting the case. The declaration,
titled “Declaration of Law Enforcement Officer for Victim
in Trafficking of Persons” (USCIS Form I-914B, www.uscis.gov/i-914),
is not required. However, a signed
declaration is compelling evidence of a victim’s cooperation.
In Burlington County, the Burlington County
Prosecutor, or his designee, is the only individual authorized to sign a declaration
for a T-Visa.
Nonimmigrant
U-Visas
The following should be considered prior to
submitting an application for a U-Visa:
Eligibility
An individual may be eligible for a U-Visa if he or
she:
- Is
the victim of qualifying criminal activity; and
- Has
been helpful, or is likely to be helpful, to law enforcement or other officials
in the detection, investigation or prosecution of criminal activity.
For
a list of qualifying crimes, refer to the “U and T Visa Law Enforcement
Resource Guide” accessible at https://www.dhs.gov/publication/u-visa-law-enforcement-certification-resource-guide.
Certification
An applicant for a U-Visa must prove to the United
States Citizenship and Immigration Services that he or she has satisfied the
eligibility requirements as set forth above.
To do so, the individual must obtain a signed statement, known as a
“certification,” from the law enforcement agency investigating or prosecuting
the case. The certification, titled
“Supplement B, U Nonimmigrant Status Certification” (USCIS Form I-918, www.uscis.gov/i-918),
is required. The USCIS will not consider
an application for a U-Visa without the certification.
In Burlington County, the Burlington County
Prosecutor, or his designee, is the only individual authorized to sign the certification.
Application
Process for T- and U-Visas
Obtaining
a Declaration or Certification
Individuals who satisfy the eligibility requirements
set forth above may submit a completed Declaration of Law Enforcement Officer
for Victim in Trafficking of Persons Form (T-Visa), or Supplement B,
Nonimmigrant Status Certification Form (U-Visa), to the Burlington County
Prosecutor’s Office for consideration. Upon
receipt, the application will be reviewed by the Burlington County Prosecutor
or his designee.
In reviewing the documentation, the initial
investigating agency will be consulted, as will any Prosecutor’s Office
personnel who are familiar with the investigation. If a declaration or certification is warranted
upon review of the application, the Prosecutor, or his designee, will sign same. That decision is within the sole discretion
of the Prosecutor or his designee.
A decision shall be rendered within 120 days from
the date of submission of the application to the Burlington County Prosecutor’s
Office. Notification of the decision
will be provided to the applicant, as well as the applicant’s counsel, if any. If approved, the original declaration or
certification will be provided to counsel, and if no counsel exists, to the
applicant. A copy of the documents will
be maintained by the Prosecutor’s Office.
Time
for Application
An application for a T- or U-Visa may be submitted
at any time during the pendency of, or subsequent to, the investigation or
prosecution of the criminal activity.
There are no time limitations to file an application.
Disclosure
The immigration status of an individual requesting a
T- or U-Visa shall not be disclosed by the Prosecutor, or his designee, to any
federal or state agency, without written authorization of the applicant, or as
required by law.
Issuance
of a T- or U-Visa
A signed declaration or certification by the
Prosecutor or his designee does not grant legal status to the applicant. The United States Citizenship and Immigration
Services is the sole agency that has the authority to issue a T- or U-Visa.
Inquiries
Individuals seeking information regarding visas are
encouraged to review the “U and T Visa Law Enforcement Resource Guide”
accessible at https://www.dhs.gov/publication/u-visa-law-enforcement-certification-resource-guide. Any questions concerning the application
process may be directed to Burlington County Assistant Prosecutor Mark B.
Westfall at 609-265-5887. Applications
should be sent to the attention of Assistant Prosecutor Westfall at the
Burlington County Prosecutor’s Office, 49 Rancocas Road, Mount Holly, New
Jersey 08060.
