U VISAS and T VISAS

Non-citizens may be eligible for a U visa if:

  1. They are the victims of qualifying criminal activity; and
  2. They have suffered substantial physical or mental abuse because of having been a victim of criminal activity; and
  3. They have information about the criminal activity; and
  4. They were helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime; and
  5. The crime occurred in the United States or violated U.S. laws.
  6. 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.
  7. 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.
  8. 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). Petition for U Nonimmigrant Status | USCIS

This department’s responsibilities are limited to certifying that an alien, who is or was the victim of a qualifying crime in Toms River, is, has, or will cooperate with the investigation and/or prosecution of such crime.

Aliens or their representatives seeking certification for a U Visa shall be referred to the detective bureau.

Non-citizens may be eligible for a T Visa if:

Is or has been a victim of a severe form of trafficking in persons (which may include sex or labor trafficking); and

  1. Is in the United States due to trafficking; and
  2. Has complied with requests for assistance in an investigation or prosecution of the crime of trafficking; and
  3. 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.