Although couched by an immigration lawyer, understanding an immigration waiver can be very hard and stress-inducing.
What Is the role of law enforcement in the issue of a U Visa?
A victim must submit a signed certification from a law enforcement official in order to qualify for a U visa. This certification (known as USCIS Form 1-918, Supplement B, U Nonimmigrant Status Certification) is evidence supporting the petition to USCIS for U nonimmigrant status. Occasionally, you may be asked by victims to complete this certification. UsCIS receives the certification when a victim reports that criminal activity has been perpetrated against them and when the victim indicates her willingness to assist in the detection, investigation, prosecution, conviction, or sentencing of the criminal. Additionally, you may encounter victims who may qualify for a U visa but are unaware of it. Providing them with information about the U visa may allow them to feel more comfortable working with you.
But who can sign a certification?
- The head of the certifying agency.
- Any person in a supervisory role who is specifically designated by the head of the agency to sign.
- A Federal, state, or local judge.
If a certificate has been signed, does the victim automatically receive a U Visa?
No. An immigration benefit cannot be granted by a certification alone. In order to determine whether a victim is eligible for a U visa, USCIS reviews all evidence submitted along with the certification. Each U visa petitioner (and their family members) is also subjected to a thorough background check by the USCIS.
