U VISAS AND T VISAS
Officers can ask any questions necessary to complete a T Visa or U Visa certification.
Generally, officers cannot disclose the immigration status of a person requesting T- or U-visa certification except to comply with state or federal law or legal process, or if authorized by the visa applicant. However, nothing in this section shall be construed to restrict, prohibit, or in any way prevent officers from sending to, maintaining, or receiving from federal immigration authorities any information regarding the citizenship or immigration status, lawful or unlawful, of any individual (see 8 U.S.C. §§ 1373, 1644).
Non-citizens may be eligible for a U visa if:
- They are the victims of qualifying criminal activity;
- They have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity;
- They have information about the criminal activity;
- They were helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime;
- The crime occurred in the United States or violated U.S. laws.
- He/she is admissible to the United States. If not admissible, an individual may apply for a waiver on a Form I-192, Application for Advance Permission to Enter as a Non-Immigrant.
- If the person is under the age of 16 or unable to provide information due to a disability, a parent, guardian, or friend may assist law enforcement on your behalf.
*NOTE: Given the complexity of U visa petitions, petitioners often work with a legal representative or a victim advocate.
If an individual believes he/she may qualify for a U visa, then he/she or his/her representative will complete a USCIS Form I-918, Petition for U Nonimmigrant Status (Form I-918) and submit it to U.S. Citizenship and Immigration Services (USCIS) with all relevant documentation, including a USCIS Form I-918B U Visa Law Enforcement Certification (Form I-918B).
This department’s responsibilities are limited to certifying that an alien, who is or was the victim of a qualifying crime in Brick Township, is, has, or will cooperate with the investigation and/or prosecution of such crime. Most queries will be referred to this department from the Ocean County Prosecutor’s Office.
Aliens or their representatives seeking certification for a U visa or the Ocean County Prosecutor’s Office shall be referred to the Investigations Division. The assigned detective will cause an inquiry into the matter to determine if the alien has been:
- A victim of a qualifying crime under the jurisdiction of this department;
- Has specific knowledge and details of crime; and
- Has been, is being, or is likely to be helpful to law enforcement in the detection, investigation, or prosecution of the qualifying crime
Aliens or their representatives seeking certification for crimes occurring outside the jurisdiction of Brick Township shall be referred to the local jurisdiction or the county prosecutor’s office in which the crime occurred.
The Chief of Police or his/her designee may withdraw or disavow a Form I-918B at any time if a victim stops cooperating.
If the assigned detective or the Chief of Police determines that USCIS should know something particular about a victim’s criminal history, that information can be cited on the certification or with an attached report or statement detailing the victim’s criminal history with that law enforcement agency or his/her involvement in the crime.
Non-citizens may be eligible for a T Visas if:
- Is or has been a victim of a severe form of trafficking in persons (which may include sex or labor trafficking); and
- Is in the United States due to trafficking;
- Has complied with requests for assistance in an investigation or prosecution of the crime of trafficking; and
- Would suffer extreme hardship involving unusual and severe harm if removed from the United States.
The T visa declaration is supplementary evidence of a victim’s assistance to law enforcement that an official can complete for a T visa applicant. The declaration must be provided on Form I-914, Supplement B, and instructions are available on the USCIS website at https://www.uscis.gov/i-914.
Detectives will process T Visas in the same way as U Visas.