Information for Victims who are not United States Citizens

Hudson County has a rich history of people from all parts of the world emigrating here with the goal of finding a better life for themselves and their families.  The Office of the Hudson County Prosecutor treats all victims of crime equally, without regard to race, gender, religion, country of origin or immigration status.  Our office also recognizes that undocumented immigrants may be particularly vulnerable to crime.  Everyone is entitled to the equal protection of the law and should feel comfortable reporting criminal activity to any law enforcement agency in Hudson County.

The United States Department of Homeland Security United States Citizenship and Immigration Services website contains information that may be helpful to non-citizens who are victims of crimes yet fear deportation due to their resident status.

The Victims of Trafficking and Violence Prevention Act of 2000 was enacted to strengthen the ability of law enforcement agencies to investigate and prosecute serious crimes and trafficking in persons, while offering protections to victims of such crimes without the immediate risk of being removed from the country.  Congress, in the VTVPA, created the U non-immigrant status program out of recognition that victims without legal status may otherwise be reluctant to help in the investigation or prosecution of criminal activity.

The U visa is an immigration benefit for victims of certain crimes who meet eligibility requirements:

  • Is the direct or indirect victim of qualifying criminal activity;
  • Has suffered substantial physical or mental abuse as a result of having been a victim of criminal activity;
  • Has information about the criminal activity; and
  • Was helpful, is being helpful, or is likely to be helpful to law enforcement, prosecutors, judges, or other officials in the detection, investigation, prosecution, conviction, or sentencing of the criminal activity.

For further information on U visas, click the link below:

https://www.uscis.gov/humanitarian/victims-human-trafficking-other-crimes/victims-criminal-activity-u-nonimmigrant-status/victims-criminal-activity-u-nonimmigrant-status

Congress also created the T visa.

The T visa is an immigration benefit for victims of human trafficking who meet certain eligibility requirements.

USCIS may find an individual eligible for a T visa if the victim:

  • Is or was a victim of a severe form of trafficking in persons — which may include sex or labor trafficking — as defined by federal law;
  • Is in the United States due to trafficking;
  • Has complied with any reasonable request from a law enforcement agency for assistance in the investigation or prosecution of human trafficking; and
  • Would suffer extreme hardship involving unusual and severe harm if removed from the United States.

For further information on T visas, click the link below:

https://www.uscis.gov/humanitarian/victims-human-trafficking-other-crimes/victims-human-trafficking-t-nonimmigrant-status

Applications for U visa certifications and T visa declarations should be mailed to:

Anita Tolaj

Hudson County Prosecutor’s Office
595 Newark Avenue, 6th Floor
Jersey City, NJ  07306

Ms. Tolaj can be reached at (201) 795-6400, dial 1 then  Ext. 6459, regarding the status of any requests.

Please note that a law enforcement agency is under no legal obligation to complete a declaration or certification.  Signing is at the discretion of each law enforcement agency.