Title
U visa Process
Description
This report provides the Public Safety and Justice Subcommittee with information regarding the application process for U nonimmigrant status, also known as U visas, and the Police Department's role in the process.
THIS ITEM IS FOR INFORMATION AND DISCUSSION.
Report
Summary
Program Overview
The U visa was created by Congress through the Victims of Trafficking and Violence Prevention Act of 2000. It is for victims of certain crimes who have suffered physical or mental abuse and are helpful to law enforcement or government officials in the investigation and prosecution of criminal activity. The U.S. Citizenship and Immigration Services (USCIS) is the federal agency within the Department of Homeland Security that determines who is eligible for a U visa. Law enforcement agencies assist the USCIS by providing certification on behalf of petitioners seeking U visas.
Role of Law Enforcement
To qualify for a U visa, a victim must submit a signed certification from a law enforcement official. This certification is known as USCIS Form I-918, Supplement B, "U Nonimmigrant Status Certification" (Form I-918B). This certification provides the USCIS with basic information about the criminal activity committed against the victim and the victim's willingness to assist in the detection, investigation, prosecution, conviction or sentencing process. The certification by the Phoenix Police Department, itself, does not grant any immigration benefit. USCIS reviews all of the evidence submitted along with the certification to determine whether a victim is eligible for a U visa. USCIS also conducts a thorough background check of each U visa petitioner (as well as each included family member).
Upon receipt, all application requests are reviewed to determine that the eligibility criteria has been met. This is a two-tiered review completed by a detective and a supervisor. Upon review, all applications are returned to the petitioner, along with a letter of certification or non-certification. Every application received is logged for tracking purposes. Of the approximately 5,400 application requests received by the Phoenix Police Department within the past year (October 2019 to October 2020), 94% were certified. Typically, the reason for non-certification is because the involved crimes do not meet the "qualifying crime or criminal activities" criteria. Requests are currently being processed within 30 days of receipt.
Department
Responsible Department
This item is submitted by Assistant City Manager Milton Dohoney, Jr. and the Police Department.