What is the U Visa Supplement B Certification and How Do I Request One from the NYPD?

Last month, we discussed the U-Visa and its eligibility requirements for crime victims seeking immigration benefits. In that post, we explained that in order to obtain relief via the U-visa, one of the guidelines is that you "were helpful, are helpful or are likely to be helpful to law enforcement in the investigation or prosecution of the qualifying crime." This means that being the victim of a crime is not sufficient on its own, but that you must aid law enforcement in seeking justice. In order to satisfy this eligibility requirement, you must submit a Form I-918 Supplement B, U Nonimmigrant Status Certification, to the relevant law enforcement agency for their review, completion and signature. Essentially, this form certifies that you were, are or are likely to be helpful to law enforcement.

Depending on the nature of the criminal activity and circumstances involved, the relevant agency could be: (a) a federal, state, local or tribal law enforcement agency, (b) prosecutor's office or, (c) a federal, state or local judge. Regardless, these agencies must have the responsibility for the detection, investigation, prosecution, conviction or sentencing of the qualifying criminal activity of which you were the victim. Obtaining this certification is absolutely crucial to the success of a U visa application. Unfortunately, there is no obligation on the part of law enforcement to actually fill these out and assist with your application, leaving this process up to the discretion of the particular agency. However, it should not deter you from seeking the certification. Since this is a requirement for obtaining the U visa, you must do your best to secure the Supplement B certification.

Fortunately, there are some base guidelines for law enforcement to aid in their decision making process. When considering a crime victim's helpfulness to law enforcement, the USCIS has advised these agencies to consider the following:

The level of assistance that law enforcement requests of the victim;
The victim's responsiveness to requests from law enforcement for assistance;
Law enforcement's ability to proceed with an investigation and/or prosecution based on a victim's helpfulness, or lack thereof, when reasonably requested; and
The victim's individual circumstances (such as age/maturity, trauma, etc.)

As a New York City resident, there are a multitude of agencies from which you can seek the Supplement B certification. For the purposes of this post, we'll focus on how to make requests to the NYPD. According to the Victims of Crime section of the NYPD website, those seeking a Supplement B certification should prepare their request as follows:

All requests must be in a typed or clearly printed letter. Requests can be in the applicant's preferred language.
The letter must:
- Identify the victim (include full name, with middle names and other names, such as maiden names or nick-names; date of birth; gender; phone number and address)
- Describe the qualifying crime(s) (When and where did the crime(s) happen?)
- Describe the victim's assistance to the NYPD's investigation of the crime(s) (Is the victim currently assisting the NYPD? Was the victim helpful in the past? Is the victim likely to be helpful in the future?)
- Include a mailing address where the NYPD may send written responses related to the request
If applicable, specify if:
- The victim is in the custody of U.S. Immigration and Customs Enforcement (ICE)
- The victim is in removal or deportation proceedings.
- One or more qualifying family members of the victim will become ineligible for derivative U nonimmigrant status within 3 months of the date of the letter
The request should be sent to the NYPD's U visa Certification Office:

Domestic Violence Unit / U Visa Certification Office

New York City Police Department

One Police Plaza, Room 605

New York, NY 10038

If you or someone you know was the victim of a crime and are seeking advice on eligibility for a U visa or guidance on securing a Supplement B certification, please do not hesitate to schedule a consultation with us and an experienced immigration attorney will be available to guide you through this process.

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.