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Date: 0 8/05/22 Revision: NEW Reviewed: 11/25/24 HILLSBOROUGH COUNTY SHERIFF’S OFFICE CHAD CHRONISTER , SHERIFF STANDARD OPERATING PROCEDURE Number: GEN 582.00 Page: 1 of 3 SUBJECT: THE U-NONIMMIGRANT AND T HE T -NONIMMIGRANT STATUS VISA (U -VISA/T -VISA) I. PURPOSE : The purpose of this standard operating p rocedure is to define the guidelines to be followed by Sheriff's Office personnel when providing assistance for non-U.S. citizens requesting a Nonimmigr ant Status Visa ( U-Visa/T-Visa). II. SCOPE : This procedure shall apply to al l Sheriff's Office personnel. III. DISCUSSION : Sheriff's Office personnel may, in the course of their duties, encounter non-U.S. citizens who have been a victim of a crime . The U-Visa/T-Visa were implemented by the Depar tment of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) to allow non-U.S. citizens who are victims of certain qualified criminal activity or human trafficking, and who have been, are bein g, or are likely to be, helpful in the investigation or prosecution of that activity, to remain in the United States. There is an ongoing responsibility on the part of the victim to be helpful, assuming there is an ongoing need for the victim’s assistance . The U-Visa/T-Visa were created to strengthen the ability of law enforcement agencies to investigate and prosecute crimes. IV. DEFINITION S: A. Form I -914 - A required piece of evidence victims of human trafficking submit to USCIS to establish their sta tus in order to obtain a U-nonimmigrant or T-nonimmigrant status . Form I -914 is completed and signed by law enforcement, or the certifying agency involved in detection, investigation, or prosecuti on of the criminal activity, and is submitted by the victim with their peti tion for U-nonimmigrant status. B. Form I -918B - A required piece of evidence victims submit to USCIS to establish U-nonimmigrant status . This certification is completed and signed by law enforcement, or the certifying agency involved in de tection, investigation, or prosecuti on of the criminal activity, and is submitt ed by the victim with their petition for U-nonimmigrant status. C. Petitioner Direct Victim - A victim of a qualifying criminal activity that occurred in the U.S. or violated U .S. law, has specific, credible, and reliable information about the qualifying crime. The victim w as, is being, or is likely to be helpful to the certifying agency in the detection, investigation, prosecution, conviction, or sentencing of the qualifying c rime. The victim s uffered substantial physical or mental abuse as a result of the qualifying crime. D. Petitioner Indirect Victim - A person who has a qu alifying family relationship to the direct victim. If the direct victim is age 21 or older at the time the qualifying crime was committed, their spouse and unmarried children under age 21 may qualify. If the direct victim is under age 21 at the time the qualifying crime was committed, their spouse, unmarried children under 21, parents, and unmarried s iblings under age 18 may qualify. The indirect victim must meet all other elig ibility requirements for U -nonimmigrant status. An indirect victim may also be eligible if the direct victim is unable to assist law enforcement because they are deceased due t o murder or manslaughter, or incompetent or incapacitated, including due to injury, trauma, or age. GEN 582.00 08/05/22 Page 2 of 3 E. U.S. Citizenship and Immigration Services (USCIS) - The federal agency within the Department of Homeland Security (DHS) that adjudicates immigrations and citizenship benefits and has jurisdiction to de termine who is eligible for a U-Visa or T-Visa. F. U-Visa/ T-Visa - A visa that protects noncitizen victims of serious crimes and promotes cooperation between law enforcement and victims. Congress create d specific immigration benefits, including nonimmigrant visa status for noncitize n victims of certain crimes , or human trafficking , as part of the Victims of Trafficking and Violence Prevention Act of 2000. V. PROCEDURE : A. Federal U -Visa/ T-Visa Procedure : 1. Under Federal law, non -U.S. citizens who have been the victim o f certain crimes , or human trafficking , are eligible to apply for a temporary visa allowing them to remain legally in th e United States for up to four years . 2. Part of the a pplication process requires the applicant obtain a letter of certification from a state or local law enforcement official which d emonstrates the applicant has been helpful, is being help ful, or is likely to be helpful in the investigation or prosecution of the qualifying criminal activity . 3. Requests for letters of certificatio n will be handled in the following manner: a. All requests related to U-Visas or T-Visas will be forwarded to the deputy serving as the Hispanic Liaison within the Communi ty Outreach Division for evaluation