U VISA Process
Congress created the U-Visa to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of non-citizens, assaults, and other crimes while also protecting victims of crimes who have suffered substantial mental or physical abuse and are willing to help law enforcement authorities in the investigation and prosecution of criminal activity.
Requests for U-Visa Certification can be made to The Office of District Attorney, local law enforcement agencies, county/city attorneys, courts, the Attorney General’s Office, any agency responsible for the detection or investigation of criminal activity, or from entities with criminal detection or investigative jurisdiction. U-Visa Certifications do not guarantee approval.
The U.S. Citizenship and Immigration Services (USCIS) is the federal agency that provides nonimmigrant status to eligible victims.
The U-Visa Certification, or I-918 Supplemental B form, must be submitted in the most current version, along with a letter explaining why the petitioner is eligible. The letter should include a mailing address and an email address to which the signed U-Visa Certification or a denial of certification request should be sent.
U-Visa Certification decisions can take up to 90 days.
Should you have any questions, please email DCSOUVisa@dcsheriff.net or DAUVisa@coda23.gov.
Certification Form / Signature Requirement
24-4.1-403. Certification forms - signature requirement - limitation on factors for consideration.
(1) Upon request, a certifying official from a certifying agency shall execute and sign the certification form when it is determined that the victim:
(a) Was a victim of qualifying criminal activity; and
(b) Has been helpful, is being helpful, or is likely to be helpful to the detection, investigation, or prosecution of that qualifying criminal activity.
(2)
(a) For purposes of determining helpfulness pursuant to subsection (1)(b) of this section, a victim is helpful, has been helpful, or is likely to be helpful to the detection, investigation, or prosecution of that qualifying criminal activity if there is no documentation that the victim refused or failed to provide assistance reasonably requested by law enforcement.
(b) A certifying agency’s inability to communicate with a victim due to the victim’s language must not be considered a refusal or failure to provide assistance.
What is considered "Qualifying Criminal Activity?"
“Qualifying criminal activity” is defined by statute 24-4.1-403 to be “activity involving one or more of the following or any similar activity in violation of federal, state, or local criminal law.” The statute also includes the attempt, conspiracy, or solicitation to commit any of the crimes listed below:
- Abduction
- Incest
- Rape
- Abusive sexual contact
- Involuntary servitude
- Sexual assault
- Blackmail
- Kidnapping
- Sexual exploitation
- Domestic violence
- Manslaughter
- Slave trade
- Extortion
- Murder
- Torture
- False imprisonment
- Obstruction of justice
- Trafficking
- Felonious assault
- Peonage
- Perjury
- Unlawful criminal restraint
- Female genital mutilation
- Witness tampering
- Being held hostage
- Prostitution
- Other related crimes
“Any Similar Activity” refers to other criminal activity when the similarities are substantial, and the nature and elements of the criminal activity are comparable.