What is a U Visa?
A U visa is a type of immigration relief designed to help victims of certain crimes who have been, are, or are likely to be helpful to law enforcement in the investigation or prosecution of those crimes. Simply being a crime victim isn’t enough; you must assist law enforcement in seeking justice.
The Role of Form I-918 Supplement B
To meet the eligibility requirement for a U visa, you need to submit a Form I-918 Supplement B, known as the U Nonimmigrant Status Certification, to the relevant law enforcement agency. This form serves as certification that you have been, are, or will be helpful to law enforcement.
Identifying the Relevant Agency
Depending on the nature of the crime, the relevant agency could be a federal, state, local, or tribal law enforcement agency, a prosecutor’s office, or a federal, state, or local judge. These agencies must be responsible for detecting, investigating, prosecuting, convicting, or sentencing the qualifying criminal activity in which you were a victim.
Why Supplement B Certification is Crucial
Obtaining the Supplement B certification is vital for a successful U visa application. While law enforcement agencies aren’t obligated to complete these forms, you should still seek certification because it’s a requirement.
Guidelines for Law Enforcement
To help law enforcement make their decision regarding a victim’s helpfulness, USCIS has provided some guidelines:
- The level of assistance law enforcement requested from the victim.
- The victim’s responsiveness to law enforcement requests for help.
- Whether law enforcement can proceed with an investigation or prosecution based on the victim’s cooperation.
- The victim’s individual circumstances, such as age and trauma.
Getting Supplement B Signed by a Police Department
As a resident of Miami, you have several options for seeking Supplement B certification. Here’s what an attorney needs to provide to a police department to get Supplement B signed:
- Victim’s identification (full name, date of birth, gender, phone number, and address).
- Description of the qualifying crime(s) (when and where it happened).
- Details about the victim’s assistance to the police department’s investigation (current assistance, past help, likelihood of future help).
- Mailing address for the police department’s responses.
- If applicable, information about the victim’s custody by U.S. Immigration and Customs Enforcement (ICE), involvement in removal or deportation proceedings, or family members becoming ineligible for U nonimmigrant status.
Seeking Guidance
If you or someone you know was a crime victim and needs advice on U visa eligibility or assistance in obtaining a Supplement B certification, don’t hesitate to schedule a consultation with an experienced immigration attorney. They will guide you through this process.
Understanding the U visa and Supplement B is a crucial step toward seeking justice and securing immigration relief.