The United States offers several pathways for immigrants to seek legal status, including the U visa program, which provides immigrant victims of crimes a pathway to permanent residence and citizenship. An important step in applying for a U status is getting a U certification—in fact, one cannot begin the U status process without it. In this blog, we explain what U certifications are, who can qualify for them, how the process works, and some issues with obtaining them.
What is a U Certification?
A U certification (Form I-918 Supplement B) is an official document and required part of the U status application that serves as proof of the victim’s cooperation with law enforcement. It is provided by a law enforcement agency or other certifying authority and confirms an individual has been a victim of certain crimes and has been or is likely to be helpful in the investigation or prosecution of those crimes.
The U certification does not endorse any of the victim’s prior behavior or automatically provide the victim with legal status. In some cases, advocates have to educate law enforcement on what the U certification actually does and that it’s just one of several required documents to apply for U status.
Who is Eligible for a U Certification?
U certifications are open to anyone who has been the victim of a qualifying crime within the United States. The list encompasses violent and major crimes—both the actual crime and the attempt to commit such a crime. Each case is reviewed on the specific facts, and the certifying agency determines whether the crime falls within the categories Congress created. If you’ve been a victim of a crime, obtain the police report and talk with an attorney experienced in these types of cases to see if you qualify. To apply for the U certification, anyone can request it—individuals can request it on their own, though some agencies prefer to release the signed form to an attorney.
Whether a U certification is granted, even if the applicant is eligible for U status, is at the discretion of the agency involved with the crime. There is no requirement or mandate that agencies have to provide a certification and each agency may have a different policy in place. Some agencies’ policies state to never sign a certification, while others will only sign in certain situations (such as the case being open and active), and others have more generous policies. This is what makes it difficult to determine whether or not an agency will sign—many agencies do not publicly disclose their policies and with changes in agency leadership, policies on U certifications often change as well.
Some states, such as California, have laws that say law enforcement agencies must process (though not necessarily approve) U certifications within a certain amount of time. What’s great about this is that victims are ensured to receive a decision about the certification within a certain timeframe. In Georgia, there is no such guidance. At Hope Immigration, we have experienced everything from being completely ignored to receiving a certification a year after our initial request.
How Does the U Certification Process Work?
The U certification must be signed by the appropriate agency to confirm the victim’s cooperation in investigating or prosecuting the criminal activity. The certification can be signed by law enforcement officers, prosecuting attorneys, judges, or agencies with investigative authority, such as DFACS, the Department of Labor, or OSHA.
For USCIS, it does not matter how long ago the crime was or if a perpetrator was ever caught or brought to justice. Congress has made it clear that the cooperation, not the outcome, is what’s important—as long as the victim “is, was, or is likely to be helpful in the detection or investigation of the qualifying crime or criminal activity, or the prosecution, conviction, or sentencing of the perpetrator of the qualifying crime or criminal activity” they can qualify for U status.
Here’s a general overview of the process:
- Contact Law Enforcement: You have to cooperate with law enforcement, first by reporting the crime. If the crime happened many years ago and you never reported it, you will likely not receive a signed certification, while if you did report it, that opens the door. If the crime is recent, though it can be scary, you should work with law enforcement in the investigation.
- Request Certification: Once the crime has been reported, you or your attorney can request that the certifying agency complete a U Nonimmigrant Status Certification form (Form I-918, Supplement B).
- Agency Review: The certifying agency will review your case to determine if you meet the certification requirements. They will assess your level of cooperation and the role you played in the investigation or prosecution. Some agencies will issue the certification while the case is still active, while others will ask you to wait until the case is closed—this is up to the individual agency.
- Certification Issued, Denied, or Ignored: If approved, the agency will sign the certification. If they refuse to sign, not much can be done to change their minds. However, sometimes having the head of the agency talk to your attorney or a victim’s rights advocate can help educate them on the process and show them that this is a great tool to help protect the community.
- Begin the U Status Process: If you receive a signed certification, you can move forward with the I-918 U status application. The U certification signature is only valid for six months, meaning USCIS should have your U status case before then.
What are Common Issues with U Certifications?
Cooperating with Law Enforcement
For many immigrants, reporting crimes to law enforcement can feel intimidating, especially for those without legal status. However, cooperation is mandatory to obtain a U certification. Make sure to report the crime promptly, stay in touch with the relevant agencies, and comply with all of their requirements, such as attending meetings and providing requested information.
Varying Agency Policies
It’s essential to understand that obtaining a U certification is not guaranteed. A U certification is a favor granted by the certifying agency, not a right. Certifying agencies have the discretion to issue or deny certifications, and their decision is final.Â
Each agency has its own procedures and policies for handling U certification requests. Some may be more experienced with the process than others, and having a qualified attorney assist with this process can be very helpful in guiding agencies in the right direction.
Purpose of U Status
Congress created U status to help bridge the gap between the undocumented community and law enforcement. They understood that people lacking immigration status may be distrustful of the police and often hesitate to contact them for help, fearing that they could be at risk of arrest or deportation. If crimes aren’t reported, though, crime continues to go unchecked. When local law enforcement is known for cooperating and helping victims, not arresting them, people won’t be scared to call and ask for help, making the community safer.
Attorney Tracie often reflects on one of her first conversations with a local Chief of Police. He said, “Our duty is to serve and protect. Period. It doesn’t say we only serve and protect U.S. citizens or people with paperwork.” We wish more agencies felt this way.
How Can Hope Immigration Help?
The U certification process can be frustrating, and having the right support is crucial. At Hope Immigration, we specialize in helping immigrants navigate the U visa application process. If you’ve been a victim of a crime and believe you may qualify for a U visa, contact us today. We’re here to guide you every step of the way and help you seek the protection and stability you deserve.