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Immigrants and State Courts

Immigrants and State Courts

The New York Family Court Act & Federal Immigration Law, Policy & Enforcement

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FCA Article 8 - Family Offenses

U Certification Requirements

  • The judge will certify that the litigant:
    • was a victim of a qualifying criminal activity;
    • possesses information about the criminal activity; and
    • “has been helpful, is helpful or is likely to be helpful” in the investigation of the qualifying crime(s).
  • The victim has not refused or failed to provide information and assistance reasonably requested.
  • Judges can certify multiple categories of qualifying criminal activity, such as domestic violence or child abuse.
  • The statutory citations for qualifying criminal activity may simply list the relevant article of the Family Court Act or Domestic Relations Law, or the New York State Penal Laws.
  • For a current list of U Certification qualifying crimes, please see “Qualifying Criminal Activities” on the USCIS webpage – Victims of Criminal Activity: U Nonimmigrant Status.

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FCA Article 8 - Family Offenses

  • Issues for the Respondent
    • Orders of Protection
    • Civil Contempt & Incarceration
    • Concurrent Criminal Proceedings
  • Issues for the Petitioner
    • U Nonimmigrant Status Certifications
    • Process of U-Certification Issuance
    • U Certification Requirements
    • Why Timely U Certification Matters
    • SIJS v. U Visa
    • Special Immigrant Juvenile Status (SIJS)
    • Supporting Evidence for VAWA
  • FCA Article 8 Slide Presentation

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