Federal T visa rules do not require a formal police report to request or submit a law enforcement agency declaration in New York. However, adult applicants who do not qualify for the age exemption or trauma exception generally still need evidence that they contacted a qualifying law enforcement agency with proper jurisdiction and complied with any reasonable requests for assistance.
At Shankar & Associates PC, New York T visa attorney Rajat Shankar helps trafficking survivors in Nassau County, on Long Island, and throughout New York pursue T visa protection. Our immigration lawyers handle every step of the application from our Plainview office.
This guide explains what a law enforcement declaration is, which agencies can provide one, how to request it without a police report, what exceptions apply, and how an immigration attorney can help. If you are a trafficking survivor seeking protection, call Shankar & Associates PC at (800) 461-1467 to schedule a consultation.
What Is a Law Enforcement Declaration for a T Visa?
A law enforcement declaration is an agency-completed form, USCIS Form I-914, Supplement B, that provides evidence that the agency believes the applicant is or has been a trafficking victim and has complied with any reasonable requests for assistance, if any were made. The form is completed and signed by a qualifying government agency, not by the victim. It is submitted to USCIS as part of a T visa application under Immigration and Nationality Act (INA) § 101(a)(15)(T).
The declaration may serve as evidence that the applicant complied with reasonable requests to assist in the detection, investigation, or prosecution of trafficking, or of a crime in which trafficking was at least one central reason. It is not a court filing and does not require a judge’s signature. USCIS reviews it alongside other application materials to determine whether the applicant meets the cooperation requirement under 8 C.F.R. Part 214, Subpart C, including 8 C.F.R. §§ 214.204 and 214.208.
Form I-914B is optional supporting evidence. USCIS may also consider other credible evidence of cooperation, and an applicant may proceed without a declaration if the age exemption or trauma exception applies.
Key Takeaway: Form I-914B is optional evidence from a qualifying agency that may help show victimization and compliance with reasonable requests for assistance. USCIS, not the agency, makes the final T visa eligibility decision. The agency fills it out, not the victim, and it is submitted to USCIS as part of the T visa application, not to a court.
Does New York Require a Police Report to Get a T Visa?
No. USCIS does not require a police report to approve a T visa application. The law enforcement declaration on Form I-914B is a separate document from a police report, and the two serve entirely different purposes.
A police report documents that a crime was reported to a local department. The law enforcement declaration provides evidence that the certifying agency believes the applicant is or has been a trafficking victim and has cooperated with reasonable requests for assistance, if any were made. These are legally distinct under current T visa rules in 8 C.F.R. Part 214, Subpart C.
Many trafficking victims never file a police report. Some fear retaliation from their traffickers, while others distrust law enforcement because of their immigration status. The T visa program accounts for this reality by allowing declarations from agencies far beyond local police departments.
Key Takeaway: A police report and a law enforcement declaration are legally distinct documents. A T visa applicant may satisfy the cooperation requirement without filing a police report by submitting Form I-914B, documentation of Continued Presence, or other credible evidence of cooperation.
Which Agencies Can Sign a Law Enforcement Declaration?
In New York, several types of agencies may qualify to complete Form I-914B if they have the responsibility and authority to detect, investigate, or prosecute the trafficking conduct at issue. Under current federal regulations, an LEA may include a Federal, State, Tribal, or local law enforcement agency, prosecutor, judge, labor agency, children’s protective services agency, adult protective services agency, or another authority with responsibility and authority to detect, investigate, or prosecute severe forms of trafficking. The following table shows examples of agencies or officials that may qualify, depending on the facts and jurisdiction of the case:
| Agency Type | Examples |
|---|---|
| Local police departments | NYPD, Nassau County Police Department, Suffolk County Police Department |
| District attorney offices | Kings County DA, Queens County DA, Nassau County DA |
| Federal law enforcement | Federal Bureau of Investigation (FBI), Homeland Security Investigations (HSI) |
| Federal labor agencies | U.S. Department of Labor (DOL) Wage and Hour Division, Equal Employment Opportunity Commission (EEOC) |
| State attorney general | New York State Attorney General’s Office |
| State labor agencies | New York State Department of Labor |
| Child Protective Services | New York State Office of Children and Family Services (OCFS), local CPS offices |
Can Non-Law Enforcement Agencies Provide a Declaration in New York?
Yes. Federal and state agencies with investigative or prosecutorial authority over the trafficking facts may qualify as signatories. This includes labor agencies like the DOL Wage and Hour Division and the EEOC, which often investigate labor trafficking cases.
Child welfare agencies also qualify. The Office of Children and Family Services and local child protective services offices can sign Form I-914B for minor victims or cases involving child exploitation. This path is particularly important for victims who were trafficked as children and never had any contact with the police.
The key requirement is that the signing agency must have authority to investigate or prosecute the trafficking conduct at issue. The agency does not need to be a traditional law enforcement body.
Key Takeaway: Over a dozen types of agencies can sign Form I-914B, including federal labor agencies, the state attorney general’s office, and child protective services. Victims who never contacted police still have viable paths to obtaining a declaration.
How Do You Request a Law Enforcement Declaration?
A qualifying agency completes and signs Form I-914B based on its knowledge of the trafficking facts and the applicant’s compliance with any reasonable requests for assistance, if such requests were made. However, the process typically begins with the victim, or their attorney, contacting the agency to request that it complete the declaration. Here is the general process:
- Identify the right agency. Determine which federal, state, or local agency has been involved in investigating your trafficking situation, or which one has authority to investigate it.
- Contact the agency. Reach out to the agency’s victim assistance unit, human trafficking coordinator, or the investigator assigned to your case. An attorney can make this contact on your behalf.
- Provide supporting information. Give the agency the details it needs to complete the form, including dates, locations, the nature of the trafficking, and any prior cooperation you have provided.
- Follow up regularly. Agencies may take weeks or months to process the request. Consistent follow-up, especially through legal counsel, can help move the process forward.
What Should You Bring When Requesting a Declaration?
You do not need a formal police report on file to request Form I-914B. Helpful documentation may include:
- A written statement describing the trafficking and your cooperation
- Dates and locations of the trafficking
- Names or descriptions of the traffickers, if known
- Records of any prior contact with law enforcement or government agencies
- Evidence of communication with investigators, such as emails or call records
Key Takeaway: The agency completes Form I-914B, not the victim. The process involves identifying a qualifying agency, providing supporting information, and following up. To get help requesting a declaration from the right agency, contact Raj Shankar at (800) 461-1467.
New York T Visa Attorney – Shankar & Associates PC
Rajat Shankar, Esq.
Rajat (Raj) Shankar is a T visa immigration attorney whose work is shaped by his own experience as an immigrant. He came to the United States at age 8, obtained his green card, and later became a U.S. citizen, an experience that inspired him to help others navigate the immigration process.
Raj earned his J.D., Magna Cum Laude, from Touro College Jacob D. Fuchsberg Law Center in 2012 and his B.A. in Mathematics from East Stroudsburg University in 2008, and he was admitted to the New York Bar in 2013. He has experience across all areas of immigration law, including Cancellation of Removal, Asylum, and Deportation Defense, with a primary focus on Employment-Based Immigration.
What Are the Exceptions to the Cooperation Requirement?
Federal law provides two statutory exceptions to the T visa cooperation requirement under INA § 101(a)(15)(T). Both exceptions apply to T visa applicants nationwide, including those filing in New York.
The first exception is for minors. Applicants who were under 18 years old when at least one act of trafficking occurred are exempt from the cooperation requirement. They do not need to report the crime, assist with an investigation, or obtain a law enforcement declaration to satisfy this prong of the T visa application.
Applicants who are unable to comply with a reasonable request for assistance because of physical or psychological trauma may qualify for the trauma exception by submitting credible evidence of the trauma.
Do Child Trafficking Victims Need a Declaration in New York?
If the applicant was under 18 when at least one act of trafficking occurred, they are exempt from the cooperation requirement and do not need a law enforcement declaration to satisfy that requirement. A declaration may still be submitted on behalf of a minor if one is available, and doing so can strengthen the application. However, the absence of a declaration will not count against a minor applicant.
Key Takeaway: Minors under 18 are categorically exempt from the cooperation requirement and do not need a law enforcement declaration. Adult victims who suffer psychological or physical harm from cooperating may also qualify for an exception. In both cases, a declaration may still be submitted but is not required to show cooperation.
What If an Agency Refuses to Sign the Declaration?
A refusal by one agency does not end a T visa case. Applicants on Long Island and throughout New York have several options when an agency declines to sign Form I-914B.
First, approach a different qualifying agency. If a local police department refuses, the district attorney’s office, a federal agency like HSI or the FBI, or a state labor agency may be willing to certify your cooperation instead.
Second, submit secondary evidence of cooperation directly to USCIS. Under 8 C.F.R. § 214.208(d), USCIS may consider an LEA declaration, documentation of Continued Presence, or other evidence, including witness affidavits, to evaluate cooperation. This evidence might include correspondence with law enforcement, records of interviews, or documentation showing that the victim attempted to cooperate but was turned away.
Third, an immigration attorney can advocate on your behalf. An attorney experienced with T visa cases in Nassau County and the surrounding area can help identify the correct agency, prepare supporting documentation, and follow up on the request and can explain the legal framework to officials who may be unfamiliar with the T visa certification process.
Key Takeaway: A refusal by one agency does not end a T visa case. Applicants can approach other qualifying signatories, and USCIS has discretion to weigh other evidence of cooperation when a declaration is unavailable through no fault of the victim.
How Does the Declaration Fit the T Visa Requirements in New York?
The law enforcement declaration addresses one of the five eligibility requirements for T Nonimmigrant Status under INA § 101(a)(15)(T), specifically that the applicant has complied with reasonable requests for assistance from law enforcement in the detection, investigation, or prosecution of human trafficking. The remaining four eligibility requirements address whether the applicant is a victim of a severe form of trafficking, whether they are physically present in the United States on account of the trafficking, whether they would suffer extreme hardship involving unusual and severe harm if removed, and whether they are admissible to the United States.
Satisfying the cooperation requirement, or qualifying for the age exemption or trauma exception, is necessary to establish T visa eligibility. Form I-914B is one way to show cooperation, but USCIS may also consider other credible evidence.
Without satisfying the cooperation requirement, or establishing the age exemption or trauma exception, USCIS cannot approve the application regardless of how strong the other eligibility factors may be.
Key Takeaway: The law enforcement declaration directly addresses one of the five T visa eligibility requirements under INA § 101(a)(15)(T). Obtaining it, or qualifying for an exception, is necessary to complete a successful T visa application.
Get Help from a New York T Visa Immigration Attorney
Obtaining a law enforcement declaration without a police report can feel overwhelming, especially for trafficking survivors dealing with fear, trauma, and uncertainty about their immigration status. Understanding which agencies to approach, what documentation to provide, and what exceptions may apply requires careful legal guidance.
T visa immigration attorney Rajat Shankar at Shankar & Associates PC helps trafficking victims on Long Island and throughout New York navigate the T visa process from start to finish. From identifying the right agency to sign Form I-914B to building an alternative evidentiary record when a declaration is unavailable, Raj guides clients through each step. Our team works closely with federal and state agencies across the region to protect trafficking survivors’ rights.
Call Shankar & Associates PC at (800) 461-1467 to schedule a consultation. Our office in Plainview serves clients across Nassau County, New York City, and the surrounding areas.
Frequently Asked Questions
Can I get a T visa without ever contacting the police in New York?
Yes. A qualifying non-police agency, such as a federal labor agency, district attorney’s office, or child protective services, can provide the law enforcement declaration on Form I-914B. If you are a minor or cannot cooperate due to trauma, you may not need a declaration at all.
Who fills out Form I-914B, me or the agency?
The law enforcement or government agency completes and signs Form I-914B. The applicant does not fill out the form, but typically initiates the request and provides the agency with supporting information.
What if I am afraid to contact any agency because of my immigration status?
You may still have options. A non-police agency may be appropriate depending on the facts, and applicants who qualify for the age exemption or trauma exception may not need to show LEA contact or cooperation. Filing a T visa application does not automatically stop removal in every case, but USCIS generally will not refer a pending T applicant for removal proceedings absent serious aggravating circumstances. If USCIS later determines the application is bona fide, a final order of removal is automatically stayed until USCIS makes a final decision.
Does a child trafficking victim in New York need a declaration?
No. Under INA § 101(a)(15)(T), applicants who were under 18 when at least one trafficking act occurred are exempt from the cooperation requirement. A declaration may still be submitted to strengthen the application, but it is not required.
How long does it take to get a law enforcement declaration in New York?
Timelines vary by agency. Some complete Form I-914B within a few weeks, while others may take several months. Working with an immigration attorney experienced with T visa requests can help expedite the process.
Can USCIS approve a T visa without any declaration at all?
Yes, in certain circumstances. If the applicant qualifies for the minor exception or the trauma exception, USCIS can approve the T visa without a declaration. USCIS may also consider alternative evidence of cooperation when a declaration is unavailable through no fault of the applicant.
What agencies in New York can sign Form I-914B besides police?
Potentially qualifying agencies may include district attorney offices, Homeland Security Investigations, the FBI, the DOL Wage and Hour Division, the EEOC, child protective services, the New York State Attorney General’s Office, and the New York State Department of Labor. Each of these agencies may have independent authority to sign Form I-914B, depending on whether the facts of the trafficking case fall within their specific investigative or prosecutorial jurisdiction.
Does filing a law enforcement declaration mean I have to testify in court?
No. Submitting a law enforcement declaration as part of a T visa application does not, by itself, require the victim to testify in court. However, any later request from law enforcement should be evaluated under the T visa rules for reasonable requests for assistance.