The U.S. Department of Homeland Security released its U Visa Law Enforcement Resource Guide on or about July 30, 2019.
Law Enforcement Agencies (LEAs) and their Certifying Officers/Officials (COs) have a brand new U Visa resource guide to look at when trying to figure out Form I-918B. The DHS’s new guide contains a wealth of consolidated facts, guidance, and other information related to U Visas and LEA certification. Worth noting, the resource guide mentions at least twice that LEAs/COs are not required by federal law to certify an I-918B for a U Visa applicant.
The guide also includes a neat little “Top Six Things to Know About Form I-918B” section, which focuses on briefly explaining six concepts, capabilities, or other guidance to Law Enforcement Agencies regarding Form I-918. Generally, the DHS points out that, in no particular order,
- LEAs (Law Enforcement Agencies) can withdraw their certification at any time;
- Background checks and criminal history reports may be run on U Visa applicants by LEAs, but the LEA is reminded it is not their responsibility to determine immigration benefits;
- Victims of criminal activity have an ongoing responsibility to assist law enforcement with the prosecution and/or investigation;
- Signing Form I-918B is an attestation to the facts;
- It matters who completes Form I-918B; and
- Completing Form I-918B at all is discretionary and not required by federal law.
The full U Visa Law Enforcement Resource Guide 2019 can be found in PDF format here.
See related: U Visa Fraud Case Involves Staged Robbery
If you or someone you know are thinking about applying for a U Visa, Christians Law, PLLC is here to help. Tyler Christians is an experienced immigration attorney, and can help you if you are a victim of criminal activity and are concerned about your immigration status.
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Christians Law, PLLC is an immigration and criminal defense law firm with offices in Falls Church, VA and OKC, OK.