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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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        • Article 3 – Juvenile Delinquency
        • Article 4 – Child Support
        • Article 5 – Paternity
        • Article 8 – Family Offenses
        • Article 10 – Abuse & Neglect
        • Matrimonial & Integrated Domestic Violence
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        • Special Immigrant Juvenile Status (SIJS)
        • U Nonimmigrant Status Certification
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FCA Article 8 - Family Offenses

U Nonimmigrant Status Certifications

Purposes of U Nonimmigrant Status (U Visa):

  • To enhance law enforcement’s ability to investigate and prosecute crimes by encouraging non-citizens to report their victimization and seek the protection of law enforcement.
  • To provide humanitarian immigration relief (and work authorization) to immigrant crime victims and certain derivative family members.
  • As part of the statutory scheme, the Federal government asks certain state actors, such as the courts, child protective agencies, prosecutors and police, to certify if the immigrant crime victim has been helpful to law enforcement and the courts.

What is a U Certification?

  • A signed Form I-918 Supplement B, known as a U Certification, is REQUIRED in order to apply for U Nonimmigrant Status.
  • A U Certification does NOT confer U Nonimmigrant Status but rather is one key component in an application for the benefit. It is one step of the process.

Judge’s Role

  • Federal immigration laws explicitly empower Federal, State and local judges to sign U-Visa Certifications. 8 CFR § 214.14.
  • Judges in family court, matrimonial and integrated domestic violence (IDV) court preside over proceedings in which qualifying criminal activity can be detected, such as family offense matters.
  • DHS Guidance on U-Visa Certifications
  • NYS Advisory Council Guidance Memo

When Can U Certification be Issued?

  • Judges may issue a U Certification at ANY point in a proceeding:
    • After a petition for an order of protection is filed, OR
    • After an ex parte hearing under oath and the
      issuance of a temporary order of protection, OR
    • After an order on consent, OR
    • After a fact-finding hearing or inquest.
  • Other law enforcement agencies may complete a U certification.

Issuance of a U Certification does not require:

  • Sworn testimony
  • A finding of fact
  • An active case (case can be closed)
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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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