PROCESSING U- AND T-VISA CERTIFICATIONS
In compliance with the Attorney General Law Enforcement Directive No. 2018-6, the Bergen County Prosecutor’s Office is formalizing procedures concerning the receiving and processing of requests for U and T Nonimmigrant Status Certifications from victims of qualifying crimes.
Procedure:
Upon receipt of a request for a U-visa or T-visa Nonimmigrant Status Certification, the request (and case file) will be forwarded to the Assistant Prosecutor who is assigned to the case involving the requesting victim or family member, for review and response.
The Assistant Prosecutor will review the USCIS Form 9-918 Supplement B or USCIS Form 9-914 Supplement B and any other additional documents provided by the requestor. It must be confirmed that the requesting party was a victim of a qualifying criminal activity or the requestor is a victim of a severe form of trafficking in persons, if applicable. If there are any problems or mistakes in the form, it will be returned to the sender for correction.
For purposes of a T-visa request, the Assistant Prosecutor will determine if the victim has cooperated with the law enforcement agency or officer’s requests for assistance in an investigation or prosecution of a crime where trafficking is at least one central reason for the commission of that crime.
Upon completion of the review of the case file, Supplement B form and any other documents provided, the Assistant Prosecutor will determine if the necessary criteria for the request for the visa certification have been met by the requestor. If approval appears to be justified, the form and attachments will be forwarded to the First Assistant Prosecutor for final review and certification if appropriate. The review process should be completed within 60 days of the receipt of a request for a U or T visa certification, with the documents returned to the requestor.