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Certification of Helpfulness: U Visa Requirement

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Certification of Helpfulness: U Visa Requirement

Expert U Visa Immigration Attorneys for Victims of Crimes

Certification of Helpfulness: U Visa RequirementIf you were the victim of crimes like human trafficking or fraud, U visas offer protection while granting your stay in the U.S. During Covid-19, the trends in human trafficking have worsened, as have forced labor and sexual exploitation. The economic pitfalls worldwide have put vulnerable migrants at risk. U visas offer a way out if you’re willing to work with local law enforcement.

The Certification Requirements

A certification of helpfulness validates that you are 1) a victim of a qualifying crime and 2) have information that can aid in stopping the criminal activity. We understand coming forward to file a report against your perpetrator after what you’ve endured is a big sacrifice. Receiving this assistance from law enforcement is an added safety precaution that guarantees your protection for any information you disclose.

Visa attorneys for victims of crimes are a great resource to utilize before you fill out the certification (Form I-918 Supplement B, U Nonimmigrant Status Certification). We are well-versed in the latest immigration laws. During the last administration, the government opposed supporting immigration efforts. The Biden Administration has since rescinded or amended Trump-era policies, but it is unclear whether most law enforcement agencies are inclined to help.

We can support you in that regard. California law requires that state or local enforcement agencies get involved and certify requests from a survivor, the survivor’s family member, or attorney when they request one. The department must process the certification within 30 days, or seven should the survivor face removal proceedings for being in the U.S. without a visa. Judges can also sign off on your certification — it might not be as favorable due to prosecution factors.

How Do You Get Certified for A U Visa?

Approval depends on whether law enforcement officials find you to be an asset to the criminal case. However, there is no clear definition of how “helpful” you can be. With there being leeway, you might have difficulty obtaining a certification. It would be effective if you:

  • Could prove that you were a victim of a “qualifying crime” or violated a law in the U.S.
  • Have evidence that you’ve suffered from physical, mental, and emotional trauma as a direct victim or bystander
  • Provide information about the criminal activity itself, including where it took place
  • Deliver personal information, addresses, hiding locations of the offenders
  • Have direct evidence tying the perpetrator to a crime (ex. murders, trafficking, assault
  • Are willing to continue supporting law enforcement (ex. testifying) until justice is achieved and the criminals have been prosecuted
  • Avoid refusing any request that supports the criminal investigation

Keep in mind that there is no statute of limitations to file your U visa application. But an immigration lawyer would recommend you get this done as soon as possible. For more information regarding the U visa requirements checklist for certification, give our law offices a call.

Keep in Contact After You Receive U Visa Status

After getting approval for a U visa, you may be asked to continue cooperating with the police. It is an ongoing relationship you are expected to maintain without refusal. You’ll need to go through a similar certification process when you adjust your status for a green card.

Need Immigration Help?

It might take years before you hear back about your U visa application. The U.S. Citizenship and Immigration Services has reported significant delays – of up to four years – as they currently get through applications filed in 2016. An experienced immigration attorney from Grey Immigration can provide much-needed relief and ensure you have the evidence required before your hearing.

About Grey Immigration

At Grey Immigration, the values of integrity, honesty, commitment, and results are at the foundation of our firm.

David Grey provides experienced representation to safeguard your rights through the immigration process. Whether it is advice, assistance with visa applications, or resolving an issue stalling your citizenship, we are here to help.

COVID-19 has drastically impacted citizenship in the U.S. In the past year, we have adjusted and acted accordingly based on new restrictions and regulations. Our firm optimizes individual skills to produce superior results for all clients. For a free case review, give us a call at 323-622-1764 or email info@greylaw.com.