In early 2016 a new U-Visa Law became official which compels Law Enforcement officers to submit a certification of assistance. This means that in order for an official to follow through with a thorough investigation and a probable prosecution for a foreigner who has fallen victim of a crime will be eligible to apply for a U-visa.
No case will be successful if a major witness, who is an immigrant, needs to depart because they are living in the U.S. unlawfully or their immigration status is expiring.
Procedure for U-Visa Application
An applicant must complete Form I-918, Petition for U-Nonimmigrant Status, and Form I-918 Supplement B which is a Certification of Helpfulness and must be submitted to United States Citizenship and Immigration Services (USCIS) office.
Attempting to obtain a U-Visa is not easy for immigrants. This will involve the help of a law enforcement agent such as a prosecutor, police officer or immigration judge to support individual validating that the foreigner is the victim of an eligible criminal activity and that he has important information that will be helpful to law enforcement and he or she is willing to collaborate in bringing the criminal to justice.
Though every law enforcement officer does their best in fulfilling their jobs many do not understand the immigration laws. They then become unwilling to complete a certification for a case and this lessens an immigrant’s chance of obtaining a U-Visa.
The opportunity to prosecute a lawbreaker goes to ruins. Such ignorance is weakness for a criminal case.
The New Law
To put this problem in check, the California senate has instituted a new law that requires that all law enforcement officials who have a case that involves an immigrant who has fallen victim to a crime, must sign Form I-918 Supplement B, under certain stipulations.
This new U-visa law institutes a rebuttable presumption that a victim is valuable, has been cooperative, or is likely to be useful in the identification, analysis and prosecution of that qualifying criminal action as long as the victim has proven to being committed to giving information and is still willing to assist law enforcement officials to give information as per request.
With this law put in place law enforcement bureaus are obliged to report to the state on the amount of requests that have been accepted and rejected.
This will force departments to stop taking a blanket approach to denials and to wait to consider which cases are deserving of signing Form I-918 Supplement B.
Talk to an Experienced Immigration Attorney
Do not suffer in silence. If you have been victimized by criminals in the United States and are threatened because of your illegal status in the U.S., ask someone to help you obtain a U-Visa so can testify in court and have them convicted. Speak with an immigration attorney today for more information.
In need of legal representation, look no further. The Gambacorta Law Office will advise and represent you throughout your entire case. Call us today at 847-443-9303. Our offices are located in Arizona and Illinois.
