Pages 1-2,
When
Should I Use Form
I-914,
Supplement B?
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[Page
1]
When
Should I Use Form
I-914,
Supplement B?
If
you,
the certifying Federal, state, local, or tribal law enforcement
official, believe that this individual is or has been a victim of
a severe form of trafficking in persons and has cooperated with
your reasonable requests for assistance in your investigation or
prosecution, you
may
complete this Supplement B.
You should
complete all fields of this form yourself. Supplement B must be
signed with an original signature. A photocopy of a signed
application or a typewritten name in place of a signature is not
acceptable. The applicant
will
submit Supplement B, to USCIS with his or her application for T
nonimmigrant status.
…
To
be eligible for
T
nonimmigrant
status, the applicant must demonstrate to USCIS that he or she:
1.
Is or was a
victim of a severe form of trafficking
in persons (see
Supplement B, Part
3.
Statement of Claim,
for a
definition);
2.
Is present in
the United States as a result of being a victim of a severe form
of trafficking
in persons
(including physical presence based on having been allowed entry
into the United States to participate in investigative or judicial
processes associated with an act or perpetrator of trafficking);
3.
Has complied
with any reasonable requests from Federal, state, local,
or tribal law enforcement in the investigation
or prosecution of the trafficking
crime of which
he or she was a victim; unless
[Page
2]
A.
The applicant is
under 18 years of age; or
B.
He or she is
unable to cooperate due to physical or psychological trauma; and
4.
Would
suffer
extreme hardship involving unusual and severe harm upon removal
from the United States.
USCIS
(not the certifying Federal, state, or local, and tribal law
enforcement official)
determines
whether the evidence is sufficient
and whether the
applicant meets each eligibility requirement. A
signed declaration provides valuable evidence of the victim’s
cooperation. However,
the applicant may establish eligibility without submitting the
Supplement B, as it is not a required form of evidence.
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[Page
1]
When
Should I Use Form
I-914,
Supplement B?
If
you,
the certifying Federal, State,
Tribal, or local law
enforcement official, believe
the applicant is
or has been a victim of a severe form of trafficking in persons
and has cooperated with any
reasonable requests for assistance in your investigation or
prosecution (if
opened or initiated),
you may
complete this Supplement B.
You should
complete all fields of this form yourself. Supplement B must be
signed with an original signature. A photocopy of a signed
application or a typewritten name in place of a signature is not
acceptable. The applicant
will submit
Supplement B, to USCIS with
their Form I-914.
…
To
be eligible for
T
nonimmigrant
status, the applicant must demonstrate to USCIS that
they:
1.
Are
or were a victim
of a severe form of trafficking
in persons (see
Supplement B, Part
3.
Statement of Claim,
for a
definition);
2.
Are
present in the United States on
account of being
a victim of a severe form of trafficking
in persons
(including physical presence based on having been allowed entry
into the United States to participate in investigative or judicial
processes associated with an act or perpetrator of trafficking);
3.
Have complied
with any reasonable requests from Federal, State,
Tribal, or local
law enforcement
in the investigation or
prosecution of the trafficking
crime of which
they
were a victim;
unless
A.
The applicant is
under 18 years of age; or
B.
They
are unable to
cooperate due to physical or psychological trauma; and
[Page
2]
4.
Would
suffer
extreme hardship involving unusual and severe harm upon removal
from the United States.
USCIS
(not the certifying Federal, State,
Tribal, or local law
enforcement official)
determines
whether the evidence is sufficient
and whether the
applicant meets each eligibility requirement. A
signed Supplement
B provides
valuable evidence of the victim’s cooperation. However,
the applicant may establish eligibility without submitting the
Supplement B, as it is not a required form of evidence.
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New
And
Pages
2-3,
General Instructions
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[Page
2]
[Page
1, General Instructions]
This
form is divided into Parts
1. - 6.
The following information will help you fill
out the form:
Part
1.
Victim
Information
1.
Full
Legal Name.
Provide the legal name
of the victim, as shown on his or her birth certificate, passport
or other legal
name change document. If the victim has two last names, include
both and use a hyphen (-) between the names, if appropriate. Type
or print the
victim’s
last, first
and middle names
in each appropriate field.
2.
Other
Names
Used. You should
provide all the names
the victim has used, including maiden name, nicknames, aliases,
etc.
3.
Date of
Birth.
Use eight
numbers to show the victim’s
date of birth (example: May 1, 1979, should be written
05/01/1979).
4.
Gender
or Sex.
Select the
appropriate box.
5.
A-Number.
Provide the
USCIS (former INS) file
number if there
is one, and if it is known to you.
6.
Social
Security
Number.
Provide the
Social Security Number if there is one, and if it is known to you.
Part
2.
Agency
Information
1.
Name of
Certifying
Agency.
The certifying agency
must be a Federal,
state, local, or tribal law enforcement agency, prosecutor,
judge, labor agency, children's protective services agency,
or other authority that has the responsibility and authority for
the detection, investigation, and/or prosecution of
severe forms of trafficking in persons. 8 CFR 214.11.
2.
Name,
Title, and Division/Office of Certifying Official.
Give your name,
title, and division or office.
3.
Agency
Mailing Address.
Give the agency’s
mailing address.
4.
Daytime
Telephone
Number
and Fax
Number.
Give your phone
number and fax number with area code.
5.
Agency
Type.
Select the
appropriate box.
6.
Case
Information.
Provide the case status
information and case identification
number,
if applicable.
Part
3.
Statement of Claim
1.
In order to
qualify for
T
nonimmigrant
status,
the applicant
must be or have been a victim of a severe form of trafficking
in persons.
Select the box that describes the applicant’s victimization.
[Page
3, General Instructions]
A.
Sex trafficking where
the commercial sex act was induced through the use of force, fraud
or coercion. Sex trafficking is the recruitment,
harboring, transportation, provision, obtaining, patronizing, or
soliciting of a person for the purpose of inducing a commercial
sex act.
B.
Sex trafficking
where the victim
is under 18 years of age. Inducing an individual under 18 years
of age to perform a commercial sex act is considered sex
trafficking, regardless of the use of force, fraud, or coercion.
C.
Labor trafficking:
the recruitment,
harboring, transportation, provision, or obtaining of a person for
labor or services through the use of force, fraud, or coercion for
the purpose of subjection to involuntary servitude, peonage, debt
bondage, or slavery.
D.
Other.
Attach
additional sheets to explain.
2.
Describe the
victimization the applicant’s
claim is based on and identify the relationship of the
victimization to the crime investigated or prosecuted by attaching
additional sheets.
Attach the
results of any name or database inquiry and any relevant reports
or findings.
Attach
additional sheets if necessary.
3.
Explain if the
individual has expressed any fear of retaliation or revenge if
they are removed from the United States.
4.
Provide the
dates on which the acts of trafficking
occurred.
5.
List the
statutory citations that are or were being investigated or
prosecuted.
6.
Provide the date
on which the investigation or prosecution was initiated.
7.
Provide the date
on which the investigation or prosecution was completed, if any.
Part
4.
Cooperation of
Victim
In
order to qualify for
T
nonimmigrant
status, the individual must show that he or she has complied with
any reasonable requests from Federal, state, local, or tribal law
enforcement in the investigation or prosecution of the acts of
trafficking
of which he or
she was a victim (unless he or she is under 18 years of age or he
or she is unable to cooperate with the request due to physical or
psychological trauma). It is not necessary for you to demonstrate
that the cooperation of the victim led to a formal investigation,
arrest, or prosecution. If
the applicant is unable to cooperate with law enforcement’s
reasonable request due to physical or psychological trauma or age,
the applicant must provide evidence to this effect.
Select
the box that describes the individual’s
cooperation with you and explain, attaching additional sheets if
necessary.
Part
5. Family Members Implicated in
Trafficking
List
whether any of the victim’s
family members are believed to have been involved in the
trafficking
in persons.
A
principal applicant is prohibited from filing
for derivative
T
nonimmigrant
status on behalf of a family member who participated in the
trafficking
that established
the principal applicant’s eligibility.
Therefore, USCIS
will not grant an immigration benefit
to a family
member who committed trafficking.
Part
6.
Attestation
The
law enforcement officer
filling
out this form
(identified
in
Part
2.
of Supplement
B), and their supervisor,
must sign and date the form in this section.
Supplement
B must have an original signature.
A
photocopy of a
signed declaration or a typewritten name in place of a signature
is not acceptable.
[new]
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[Page
2]
Specific
Instructions
This
form is divided into Parts
1. - 7.
The following
information will help you fill
out the form:
Part
1.
Victim
Information
1.
Full
Legal Name.
Provide the legal name
of the victim, as shown on their
birth certificate, passport,
or other legal
document. If
the victim has two last names, include both and use a hyphen (-)
between the names, if appropriate. Type
or print the
victim’s
last, first,
and middle names
in each appropriate field.
2.
Other
Names
Used. You should
provide all the names
the victim has used, including maiden name, nicknames, aliases,
etc.
3.
Date of
Birth.
Use eight
numbers to show the victim’s
date of birth (example: May 1, 1979, should be written
05/01/1979).
4.
Gender.
Indicate
how the victim identifies.
5.
A-Number. Provide
the USCIS (former INS) file number if there is one, and if it is
known to you.
6.
Social Security Number.
Provide the Social
Security Number if there is one, and if it is known to you.
Part
2.
Agency
Information
1.
Name of
Certifying
Agency.
The certifying agency
must be a Federal,
State,
Tribal, or local, law
enforcement agency, prosecutor, judge, labor agency, children's
protective services agency, adult
protective services agency,
or other authority that has the responsibility and authority for
the detection, investigation, and/or prosecution of
severe forms of trafficking in persons under
any administrative, civil, criminal, or Tribal laws. 8
CFR 214.201.
2.
– 4.
Name,
Title, and Division/Office of Certifying Official.
Give your name,
title, and division or office.
5.
Agency
Mailing Address.
Give the agency’s
mailing address.
6.
-7.
Daytime
Telephone
Number
and Fax
Number.
Give your phone
number and fax number with area code.
8.
Agency
Type.
Select the
appropriate box.
9.
- 12.
Case
Information.
Provide the case status
information and,
if applicable, the case
identification
number,
FBI Universal Control Number (UCN), or State Identification Number
(SID).
[Page
3]
Part
3.
Statement of Claim
1.
In order to
qualify for
T
nonimmigrant
status,
the applicant
must be or have been a victim of a severe form of trafficking
in persons.
Select all
applicable boxes that describe
the applicant’s victimization.
It is not necessary for the victim to actually perform the labor
or commercial sex act(s) to be eligible for T nonimmigrant status.
NOTE:
Base your analysis on the practices to which the victim was
subjected, rather than on the specific violations charged, the
counts on which convictions were obtained, or whether any
prosecution resulted in convictions. The definitions that control
this analysis are not the elements of criminal offenses, but are
those in 8 CFR 214.201.
A.
Sex trafficking where
the commercial sex act was induced through the use of force, fraud
or coercion. Sex trafficking is the recruitment,
harboring, transportation, provision, obtaining, patronizing, or
soliciting of a person for the purpose of inducing a commercial
sex act.
B.
Sex
trafficking
where the
victim was
under 18 years of age at
the time the acts of trafficking occurred. Inducing
an individual under 18 years of age to perform a commercial sex
act is considered sex trafficking, regardless of the use of force,
fraud, or coercion.
C.
Labor trafficking:
the recruitment,
harboring, transportation, provision, or obtaining of a person for
labor or services through the use of force, fraud, or coercion for
the purpose of subjection to involuntary servitude, peonage, debt
bondage, or slavery.
D.
Other.
If
you need extra space to complete this section, use the space
provided in Part
7. Additional Information.
2.
Describe the
victimization
on which the applicant’s
claim is based
and identify the
relationship
between that victimization and the
crime investigated or prosecuted.
If
you need extra space to complete this section, use the space
provided in Part
7. Additional Information.
3.
Explain if the
individual has expressed any fear of retaliation or revenge if
they are removed from the United States.
If you need extra space to complete this section, use the space
provided in Part
7. Additional Information.
4.
Provide the
dates on which the acts of trafficking
occurred.
5.
List the
statutory citations that are or were being investigated or
prosecuted.
6.
Provide the date
on which the investigation or prosecution was initiated.
7.
Provide the date
on which the investigation or prosecution was completed, if any.
Part
4.
Cooperation of
Victim
In
order to qualify for
T
nonimmigrant
status, the
applicant must show
that
they have complied
with any reasonable requests from Federal, State,
Tribal, or local law
enforcement in the investigation or prosecution of the acts of
trafficking
of which
they were a
victim (unless
they were under
18 years of age at
the time the acts of trafficking occurred or they are unable
to cooperate with the request due to physical or psychological
trauma). It is not necessary for you to demonstrate that the
cooperation of the victim led to a formal investigation, arrest,
or prosecution. If the applicant is unable to cooperate with law
enforcement’s reasonable request due to physical or
psychological trauma or age, the applicant must provide evidence
to this effect.
Select
the boxes
that describe
the individual’s
cooperation with
the investigation or prosecution of the acts of trafficking and
provide an explanation. If you need extra space to complete this
section, use the space provided in Part
7. Additional Information.
Part
5. Family Members Implicated in
Trafficking
List
whether any of the victim’s
family members are believed to have been involved in the
trafficking
in persons.
NOTE:
A
victim cannot apply
for
derivative
T
nonimmigrant
status
for a family
member who participated in the
acts of
trafficking
that established
the
victim’s eligibility
for
T nonimmigrant status, and USCIS
will not grant an immigration benefit
to a family
member who committed trafficking.
[Page
4]
Part
6.
Attestation
You,
the certifying Federal, State, Tribal, or local law
enforcement official
filling
out this form
(identified
in
Part
2.
of Supplement
B),
must sign and
date the form in this section. Further,
your supervisor must provide their name and sign and date this
supplement.
Supplement
B must have an original signature.
A
photocopy of a
signed declaration or a typewritten name in place of a signature
is not acceptable.
Part
7. Additional Information
Item
Numbers 1. - 7.
If you need extra space to provide any additional information in
this form, use the space provided in Part
7. Additional Information.
If you need more space than what is provided in Part
7.,
you may make copies of Part
7. to
complete and file with your supplement,
or attach a separate sheet of paper.
Type or print the victim’s name and A-Number (if any) at
the top of each sheet; indicate the Page
Number,
Part
Number,
and Item
Number
to which your answer refers; and sign and date each sheet.
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