75 Lower Welden Street . This could include (but is not limited to) your providing: When it comes time to adjust status, you will need to submit another certification of helpfulness showing that you provided helpful information to law enforcement officials on an ongoing basis and you did not “unreasonably refuse” to provide requested assistance.Under these guidelines, getting a certification has never been more difficult. A U-Visa lets victims of crimes who meet certain requirements stay in the United States. DOI determined NYPD has taken numerous steps to improve its U visa policies and protect the immigrant community. The U visa provides eligible victims with nonimmigrant status in order to temporarily remain in the United States while assisting law enforcement. In order to be eligible for a U visa/T visa, the victim must submit a law enforcement certification completed by a certifying agency. The new guidelines also advise law enforcement agencies that they can choose not to issue certifications at their own discretion.
In fact, under the Trump administration, the U.S. government has actively discouraged law enforcement agencies from filling out the certification. United States Citizenship and Immigration Services . You will also need to explain that you attempted to obtain a certification from a qualifying agency, but were unable to for good reason.A police officer or prosecutor could, unfortunately, “use” your need for a certification of helpfulness against you in order to coerce you to provide details you are not comfortable revealing or to become an unwilling participant in investigative activities (such as “wearing a wire” to obtain information).However, any state or federal agency that has “responsibility for the investigation or prosecution of a qualifying crime or criminal activity” may complete the certification of helpfulness.
That way, you can provide a sufficient amount of helpful evidence to authorities and show that you are eager to participate in the investigation.Also, if the criminals involved are arrested and plead guilty to the criminal charges before you contact police or answer a request for cooperation from law enforcement, your evidence and testimony might not be as useful to police officers and prosecutors, since the case will not go to trial.And again, law enforcement agencies are not obligated to provide a certification of helpfulness. If you need the form processed sooner because the victim is in federal immigration removal proceedings or other pressing reasons, please note this clearly in the packet. 4 Timing : Victim participation in a criminal case would be appropriate evidence to warrant certification. Form I-918/Crime Victims Unit .
However, any state or federal agency that has “responsibility for the investigation or prosecution of a qualifying crime or criminal activity” may complete the certification of helpfulness. For example, if you are the victim of a crime that requires the involvement of Child Protective Services (CPS), you could bypass the police and justice departments and instead have CPS help you with your application.You should demonstrate that you are interested in bringing the perpetrators to justice by being as forthcoming as possible with details and evidence about the crime.
3 A sample motion for certification is included in this packet at page Sample Memorandum in Support of Motion for U Visa Certification43. If an individual believes he or she may qualify for a U visa/T visa, then that individual or his or her representative will complete the USCIS Form I-918, Petition for U Nonimmigrant Status (Form I-918), and submit it to U.S. On July 31, 2019, USCIS issued a new law enforcement resource guide, which encouraged law enforcement agencies to limit their issuance of certifications of helpfulness.