Nassau County Immigration Attorney Rajat Shankar Explains How Trafficking Survivors Can Obtain a Law Enforcement Declaration Without a Police Report

PLAINVIEW, NY - Survivors of human trafficking in New York who never filed a police report may still pursue T visa protection through alternative documentation pathways under federal law. Nassau County immigration attorney Rajat Shankar of Shankar & Associates PC (https://shankarlaw.com/blog/law-enforcement-declaration-without-police-report/) explains how qualifying applicants may obtain a law enforcement declaration from a wide range of government agencies, even in the absence of a formal police report.

According to Nassau County immigration attorney Rajat Shankar, Form I-914, Supplement B, the law enforcement agency declaration used in T visa applications, is optional evidence, not a mandatory filing requirement. The declaration is completed and signed by a qualifying agency, not by the applicant, and is submitted to U.S. Citizenship and Immigration Services as part of the T visa application under the Immigration and Nationality Act. "Many trafficking survivors are unaware that agencies far beyond local police departments can sign this form," Shankar explains. "Federal labor agencies, district attorney offices, child protective services, and the state attorney general's office may all qualify as signatories depending on the facts of the case."

Nassau County immigration attorney Rajat Shankar notes that federal law provides two statutory exceptions to the cooperation requirement entirely. Adult applicants who were under 18 years old when at least one trafficking act occurred are categorically exempt from the cooperation requirement and do not need a law enforcement declaration to satisfy that prong of eligibility. Additionally, adult survivors who cannot cooperate because of physical or psychological trauma may qualify for the trauma exception by submitting credible supporting evidence.

Attorney Shankar advises survivors on Long Island and throughout New York that a refusal by one agency does not end a T visa case. Potentially qualifying signatories include the New York State Department of Labor, the New York State Attorney General's Office, Homeland Security Investigations, the Federal Bureau of Investigation, local district attorney offices, child protective services, and the U.S. Department of Labor Wage and Hour Division. The key legal requirement is that the signing agency must have authority to investigate or prosecute the trafficking conduct at issue; it does not need to be a traditional law enforcement body.

When an agency declines to complete Form I-914B, Shankar notes that applicants may still submit secondary evidence of cooperation directly to USCIS. Under federal regulations, USCIS may consider an agency declaration, documentation of Continued Presence, or other credible evidence, including witness affidavits, records of interviews, or documentation showing the survivor attempted to cooperate. "The T visa program accounts for the real fears and barriers trafficking survivors face," Shankar points out. "Retaliation concerns, immigration status fears, and trauma are all recognized in the legal framework."

The law enforcement declaration addresses one of five eligibility requirements for T Nonimmigrant Status. The remaining requirements concern whether the applicant is a victim of a severe form of trafficking, whether they are physically present in the United States because of the trafficking, whether removal would cause extreme hardship involving unusual and severe harm, and whether the applicant is admissible or qualifies for a waiver. Form I-914B helps satisfy the cooperation prong but is not required when an exception applies.

For trafficking survivors navigating the T visa process in New York, obtaining sound legal guidance early in the process can make a significant difference in application outcomes. Individuals seeking T visa protection are encouraged to consult with an experienced immigration attorney familiar with the full range of qualifying agencies and available evidentiary alternatives.

About Shankar & Associates PC:

Shankar & Associates PC is a Plainview-based immigration law firm dedicated to helping trafficking survivors and other immigrants navigate immigration processes, including T visa applications. Led by attorney Rajat Shankar, the firm serves clients across Nassau County, Long Island, Queens, and the greater New York metro area. For consultations, call (800) 461-1467.

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Email: rajat.shankar@shankarlaw.com

Website: https://shankarlaw.com/

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Company Name: Shankar & Associates PC
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Phone: (212) 461-1467
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