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
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- After an ex parte hearing under oath and the
issuance of a temporary order of protection, OR
- After an ex parte hearing under oath and the
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- After an order on consent, OR
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- 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)
