The Department of Homeland Security (DHS) recently released an updated Law Enforcement Resource Guide for U and T visa certifications. While this document is technically written for law enforcement—not for applicants—it’s a critical resource for attorneys and advocates working to obtain certifications on behalf of immigrant crime victims.
The guide clarifies the role that law enforcement agencies play in the certification process. For U visas, an applicant must obtain Form I-918, Supplement B, signed by a law enforcement official confirming that the person was a victim of a qualifying crime and has cooperated in the investigation or prosecution. Without this form, USCIS will not even review the applicant’s claim.
The updated guide includes several important points:
Clarification of qualifying crimes and what kinds of victimization qualify for certification.
Affirmation that certification is discretionary—but encourages agencies to adopt transparent policies.
Best practices for handling requests, including timeframes, confidentiality, and points of contact.
Language suggesting agencies should not deny certification solely based on the applicant’s immigration status.
This update from DHS can be particularly useful when approaching a hesitant law enforcement agency. Having a government-published guide that outlines the process—and explicitly supports certification in a broad set of circumstances—can help overcome resistance and confusion.