New York T Visa Immigration Attorney Rajat Shankar Outlines Law Enforcement Certification Requirements for Trafficking Survivors

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PLAINVIEW, NY - Survivors of human trafficking pursuing lawful status in the United States often need documentation that only a law enforcement agency can supply. New York T visa immigration attorney Rajat Shankar of Shankar & Associates PC (https://shankarlaw.com/t-visa-lawyer-new-york/law-enforcement-certification/) outlines how Form I-914 Supplement B functions and what applicants can do when an agency declines to sign it.

According to New York T visa immigration attorney Rajat Shankar, Form I-914 Supplement B is a declaration completed and signed by a qualifying federal, state, local, tribal, or authorized civil official confirming that a severe form of trafficking occurred and that the applicant reasonably cooperated with the investigation or prosecution. The certification supports a petition under 8 U.S.C. Section 1101(a)(15)(T) but does not guarantee approval, because the agency reviews the entire record, including the applicant's own declaration and supporting documentation, before deciding a case. "This is the one form in the packet an applicant cannot complete alone," Shankar explains. "Everything about it depends on persuading an agency to act."

New York T visa immigration attorney Rajat Shankar notes that the correct certifier depends entirely on which body handled the case. Local and county police departments, district attorney offices and state prosecutors, state and federal judges, Child Protective Services and Adult Protective Services, federal law enforcement agencies, labor agencies including the United States and New York State Departments of Labor, and the Equal Employment Opportunity Commission may all qualify. A request directed to an agency with no connection to the investigation produces a refusal. Federal officials generally certify where conduct crossed state lines or involved a multi-jurisdictional task force, while local departments handle matters investigated within Nassau County or the surrounding New York boroughs. The primary detective or assigned prosecutor typically completes the form because that official holds the case records showing the survivor's assistance.

Attorney Shankar explains that a strong request begins with a written submission identifying the specific case, the investigating unit, and the official most familiar with the matter. A well-prepared packet references the police report or case number, summarizes the conduct at issue, describes the survivor's cooperation, and includes a draft cover letter with the blank form and a short memo tying the facts to the statutory requirements. Reducing the burden on the agency tends to shorten the response time. The submission should also explain the legal basis for the certification and state precisely what the agency is being asked to confirm, so that a certifying official can verify the claim without extensive searching through closed files.

Timelines vary widely because many offices maintain no formal certification unit, and a response may take weeks or several months depending on caseload and internal procedure. "Requests do not usually fail on the merits," Shankar notes. "They fail because they reach the wrong desk and no one follows up." Consistent, professional follow-up, including contacting the appropriate liaison and escalating politely where a matter stalls, keeps a pending request from being set aside.

A refusal does not end the case. An applicant may ask the agency to reconsider, escalate to a supervising officer or agency liaison, and document the effort carefully. That record of a good-faith request, follow-up, and denial preserves the ability to submit alternative evidence, which may include trial transcripts, court records, police reports, detailed affidavits, and records from service providers, medical professionals, and counselors alongside the survivor's own declaration.

The certification itself must contain the survivor's identifying information, a description of the trafficking conduct with statutes and specific dates, and a statement of cooperation confirming the assistance provided. "Every detail has to line up with the personal declaration," Shankar advises. "Inconsistencies do more damage to a petition than gaps do."

Shankar points out that Supplement B carries no fixed expiration date, unlike the six-month rule applying to the U visa equivalent, Form I-918 Supplement B. Recertification may still be appropriate when significant time passes before filing, when the underlying facts change, or when adjudicators request updated confirmation. Because the broader process can stretch across many months, timing a certification close to the filing date reduces the chance that it appears stale by the time an adjudicator reviews the record. Federal law under 8 U.S.C. Section 1367 separately limits disclosure of information connected to these petitions and prevents the agency from sharing records with the trafficker.

The federal government limits principal T visas to 5,000 per fiscal year, which makes a complete and well-supported application important. A signed certification carries persuasive weight precisely because it comes from an official with firsthand knowledge of the investigation, confirming both that a severe form of trafficking occurred and that the applicant complied with reasonable requests for assistance. It reinforces the personal statement rather than replacing it. For survivors in New York weighing their options, consulting an immigration attorney early may help identify the correct certifying agency and preserve alternative evidence while records remain accessible.

About Shankar & Associates PC:

Shankar & Associates PC is a Plainview-based immigration law firm focused on humanitarian relief, including T visa petitions, cancellation of removal, asylum, and deportation defense. Led by attorney Rajat Shankar, who was admitted to the New York bar in 2013 and earned his J.D. magna cum laude from the Touro College Jacob D. Fuchsberg Law Center, the firm represents clients throughout Nassau County, Long Island, and the greater New York region. For consultations, call (212) 461-1467.

Email: rajat.shankar@shankarlaw.com

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Name
Shankar & Associates PC
Contact name
Rajat Shankar
Contact phone
(212) 461-1467
Contact address
518 Plainview Rd
City
Plainview
State
NY
Zip
11803
Country
United States
Url
https://shankarlaw.com/