U-Visa Basics: As a Crime Victim, How Can I Show That I was Helpful to Law Enforcement in the Investigation or Prosecution of the Crime?

As a part of the U-Visa application process, crime victims must show not only that they were victims of a qualifying crime, but also that they were helpful to law enforcement in the investigation or prosecution of that crime. Unfortunately, it is not enough that you were the victim of a crime (although it should be), you must also provide assistance to law enforcement, whether that be a judge, prosecutor, detective, etc., that helps facilitate the investigation or prosecution.

Depending on the nature and circumstances of the offense, your assistance to law enforcement could be minor, yet impactful, or major and necessary to the successful prosecution of the crime. Regardless of your level of assistance, it is important that you make yourself available to law enforcement to provide any information or participation that could aid in seeking justice for your victimization.

It is also important to note that if the crime victim is under the age of 16 years old, incompetent or incapacitated, a parent, guardian or "next friend" may provide the necessary assistance to law enforcement, which will satisfy this statutory requirement of helpfulness. So, how can you show that you were helpful to law enforcement?

The best way to actually be helpful is to make yourself available to police, prosecutors and other members of law enforcement to answer any questions about the occurrence of the crime, details about the individual(s) who perpetrated the crime and provide any information that you believe could aid in bringing about justice. Being responsive to any requests made of you is also helpful. If an officer, detective or prosecutor contacts you, it is important that you return their calls as promptly as possible.

As stated above, the nature of the crime will necessitate different levels of involvement on your part. You may be asked to identify the suspect in a line up, testify against a criminal defendant, provide written testimony, accompany police officers and prosecutors to the scene of the crime, provide items of clothing you were wearing at the time of the crime, provide any evidence of past conduct of the perpetrator (if they are known to you), and so on. In order to actually prove that you were in fact helpful, you must obtain a Supplement B Certification from the law enforcement agency to which you provided assistance.

The police officer, detective, prosecutor, judge or other government official that you assisted must fill out this certification attesting to your helpfulness in the investigation or prosecution of the crime. Without this certification, your U visa application will certainly be denied. In conclusion, it is important that you do your best to be helpful and provide assistance to law enforcement. If they make a request, respond accordingly and make the best effort to do what you can to help facilitate the investigation or prosecution of the case.

If you have any questions about the U-visa process, please do not hesitate to give us a call at (212) 547-8857 or schedule a consultation online and we'd be happy to discuss these issues further and help you reach a resolution. Our experienced immigration attorneys are here to provide the advice you need.

Disclaimer: This blog post and similar posts are not to be considered as providing legal advice. The discussion here is meant for educational and informational purposes only and shall not create an attorney-client relationship with the readers of this content.