U Visa Certification for Law Enforcement Agencies

1. What is a U Visa Certification?


A U Visa Certification is a document issued by a federal, state, or local law enforcement agency that certifies that a crime victim has been helpful to a criminal investigation or prosecution. U Visas are nonimmigrant visas created by the U.S. government to protect and provide immigration benefits to victims of certain crimes who have suffered mental or physical abuse and are willing to help law enforcement authorities in the investigation or prosecution of the criminal activity.

2. How does a law enforcement agency apply for U Visa Certification?


Law enforcement agencies can apply for U Visa Certification by submitting Form I-918, Supplement B (U Nonimmigrant Status Certification) to the United States Citizenship and Immigration Services (USCIS). This form must be signed by an authorized representative of the agency, such as a chief of police, or other designated official, whose signature must be notarized. The form must include a description of the victim’s assistance to the law enforcement agency’s investigation or prosecution of the crime. The form is then sent to USCIS for review and approval.

3. What criteria must a law enforcement agency meet in order to be certified to issue U Visas?


In order to be certified to issue U Visas, a law enforcement agency must meet certain criteria. These include possession of a valid certification from the United States Citizenship and Immigration Services (USCIS) and the ability to demonstrate an understanding of the U Visa process, including knowledge of eligibility criteria. The agency must also have procedures in place to ensure that victims receive appropriate services and referrals. Additionally, the agency must submit evidence to USCIS that they have trained personnel on how to properly identify and process U Visa applications. Finally, the law enforcement agency must provide proof that they have taken steps to ensure that victims are protected from retaliation and abuse.

4. How long does the U Visa Certification Process take?


The U Visa Certification process typically takes 45-60 days. It begins with submitting the application form to the U.S Citizenship and Immigration Services (USCIS). After approval, the applicant will receive an approval letter from USCIS and then can submit the form for certification from the certifying entity. Depending on the type of certification entity, the process may take up to several months.

5. Are there fees associated with obtaining U Visa Certification for a law enforcement agency?


Yes, there may be fees associated with obtaining U Visa Certification for a law enforcement agency. The fees vary by jurisdiction, and some agencies may waive them in certain situations.

6. What type of evidence do law enforcement agencies need to provide in order to be certified to issue U Visas?


In order to be certified to issue U Visas, law enforcement agencies must provide certifying evidence that the crime was committed and that the victim suffered harm or may have suffered harm as a result of that crime. This evidence must be provided in the form of a certification or statement from a police officer, prosecutor, judge, or other government official. Additionally, the evidence must include information about the nature of the crime, the investigation of the crime, and a determination that the victim was helpful, is likely to be helpful, or has been helpful in the investigation or prosecution of the crime.

7. What are the benefits of becoming a U Visa Certified Law Enforcement Agency?


The benefits of becoming a U Visa Certified Law Enforcement Agency include:
* Ensuring victims of certain crimes receive the protection and assistance they need;
* Improving community safety by encouraging victims to report crime and assist in law enforcement investigations;
* Facilitating communication between law enforcement and immigrant communities;
* Increasing access to U Visa benefits for eligible victims;
* Strengthening partnerships between law enforcement and community-based organizations that serve vulnerable immigrants; and
* Enhancing trust between law enforcement and immigrant communities.

8. Who is eligible for a U Visa?


A U Visa is a nonimmigrant visa available to victims of certain crimes who have suffered mental or physical abuse and are willing to help the government investigate or prosecute those crimes. To be eligible, the individual must have suffered substantial physical or mental abuse as a result of being a victim of a qualifying criminal activity and must possess credible and reliable information concerning the crime. Additionally, the individual must be either (1) admissible to the United States or (2) already have a lawful immigration status in the United States.

9. What are the requirements of law enforcement agencies certified to issue U Visas?


In order to be eligible to certify U visas, a law enforcement agency must meet certain requirements, including having adequate resources, experience in working with victims of crime, and demonstrating commitment to the purpose and criteria of U visas. Additionally, the agency must have a background in victim-oriented and trauma-informed policies and procedures that respect the needs of crime victims, as well as an ability to respond to requests for certification in a timely manner.

10. How do you complete the U Visa Certification Application Form?


The U Visa Certification Application Form must be completed and signed by a government agency that has reasonable grounds to believe that the applicant has suffered substantial physical or mental abuse as a result of having been a victim of a qualifying criminal activity. The agency will certify the information provided in the form and will submit the application to U.S. Citizenship and Immigration Services (USCIS).

11. What is the difference between a U Visa and a T Visa?


A U visa is a non-immigrant visa granted to victims of certain crimes who have suffered mental or physical abuse and are willing to assist law enforcement in the investigation or prosecution of the crime. A T visa is a temporary visa for those who are victims of human trafficking.

12. How do law enforcement agencies report U Visa Certifications and denials to USCIS?


Law enforcement agencies report U Visa Certifications and denials to the US Citizenship and Immigration Services (USCIS) by filing Form I-918, Supplement B, U Nonimmigrant Status Certification, with USCIS. The form must be signed by a qualifying certifying agency official and must include all the details requested on the form.

13. When is the time limit for issuing and denying U Visas to applicants?


The Department of Homeland Security has established a time limit of either 180 days or 240 days for the issuance or denial of U Visas to applicants. This time limit may be extended in extraordinary circumstances.

14. What is the process for revoking or suspending a law enforcement agency’s certification to issue U Visas?


The Department of Homeland Security (DHS) Immigration and Customs Enforcement (ICE) is responsible for revoking or suspending an agency’s certification to issue U Visas. DHS must submit evidence that suggests inadequate processing or approval of applications as grounds for revoking an agency’s certification. DHS may also suspend or revoke an agency’s certification if it finds that the agency is not following the proper procedures for adjudication of U Visa applications, or if it finds that the agency has failed to meet performance standards for processing U Visa cases. If DHS takes such action, the agency’s certification is automatically suspended for 90 days. During this period of suspension, DHS may conduct further investigations and make a final determination to revoke or restore the agency’s certification. If a decision is made to revoke certification, the agency must cease processing any new U Visa applications and notify DHS of any pending applications that have not yet been approved.

15. How can I find out if my local police department is certified to issue U Visas?


You can contact your local police department directly to find out if they are certified to issue U Visas. You should also be able to find out by looking at your local police department’s website, as most departments have information about their certifications and procedures listed.

16. What safeguards are in place to ensure that my local police department is properly issuing U Visas?


The process of issuing U Visas is governed by the federal government, and each state police department must adhere to the strict guidelines set forth by United States Citizenship and Immigration Services (USCIS).

Local police departments typically have a designated officer who is responsible for U Visa processing and must ensure that all applications are reviewed carefully and within the guidelines and regulations set by USCIS. This process includes verifying evidence of victimization, completing all necessary paperwork and submitting it to USCIS in a timely manner.

In order to ensure proper processing of U Visa applications, local police departments must comply with all USCIS requirements. This includes conducting extensive background checks, having applicants provide documentation such as medical records, copies of police reports, and affidavits from witnesses and victims, and working closely with USCIS to assist with adjudicatory decisions. Additionally, local law enforcement should ensure that applicants have access to legal advice in order to fully understand the process.

17. How can I, as an individual, report misuse of U Visas by law enforcement agencies?


The U.S. Department of Justice has established an Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC). OSC is responsible for investigating complaints of unfair immigration-related employment practices, including potential misuse of U Visas. The OSC can be reached by calling 1-800-255-7688 or by filing an online complaint.

The Department of Homeland Security (DHS) also has a mechanism for investigating potential misuse of U Visas by law enforcement agencies. DHS’s Office of the Inspector General (OIG) can be reached by calling 1-800-323-8603 or by filing an online complaint.

18. Are there any additional resources available to help me learn more about the laws and regulations governing my local police department’s issuance of U Visas?


Yes, there are additional resources available to help you learn more about the laws and regulations governing your local police department’s issuance of U Visas.

1. The U.S. Citizenship and Immigration Services (USCIS) website provides detailed information about U Visas, including eligibility requirements, application procedures, and more.

2. The American Immigration Council (AIC) website provides a comprehensive overview of U Visas, including how to apply for them and the benefits they afford.

3. Your local police department may have additional resources available to help you learn more about U Visas and the laws and regulations governing their issuance.

4. The Immigration Advocates Network (IAN) provides a variety of resources for individuals seeking to learn more about the laws and regulations governing U Visas.

5. LawHelp.org provides an online resource center that can provide you with information on the laws and regulations governing U Visas.

19. How can I access the official USCIS guidance on the certification process for law enforcement agencies seeking to become certified to issue U Visas?


The official USCIS guidance on the certification process for law enforcement agencies seeking to become certified to issue U Visas is available on the USCIS website. The guidance can be accessed at https://www.uscis.gov/u-visas/law-enforcement-certification-process.

20. Is there any way I can communicate directly with USCIS about my concerns related to the issuance of U Visas by my local police department?


Unfortunately, there is not a direct way to communicate with USCIS about your concerns related to the issuance of U Visas by your local police department. However, you can contact your local office of DHS or U.S. Citizenship and Immigration Services (USCIS) to ask questions and to share your concern about the local police department’s issuance of U Visas. You can also contact the National Customer Service Center at 1-800-375-5283. Additionally, you can reach out to the American Immigration Lawyers Association (AILA) for more information and resources.