If you were a victim of certain crimes in the U.S. and cooperated with law enforcement, you may qualify for a U visa, a special immigrant visa that provides legal status and work authorization for up to four years. The key to a successful U visa petition is obtaining a signed law enforcement certification form I-918, Supplement B, often called the U visa certifying agency letter.
This form must be completed by an authorized official, such as a police chief, detective, prosecutor, or judge who can confirm that you were a victim of a qualifying crime and have been (or will be) helpful in the investigation or prosecution of that crime. Without this signed certification, your U visa petition cannot be approved.
This guide explains who qualifies for a U visa, what crimes are covered, and most importantly, who can sign Form I-918B and how to obtain this certification. We also cover common pitfalls and how an immigration lawyer can help you navigate the process.
Who Qualifies for a U Visa?
To apply for a U visa, you (the principal petitioner) must meet several eligibility criteria. In general, you must be a victim of a qualifying criminal activity that occurred in the U.S. (or violated U.S. law), and you must have suffered substantial physical or mental harm as a result. You must also have specific, credible information about the crime, such as the perpetrator’s identity, description of the incident, evidence, etc. Crucially, you must have been, are being, or are likely to be helpful to law enforcement in investigating or prosecuting the crime.
In practice, “helpful” can include things like making a report, giving statements, testifying, or providing any information that assists the case. Notably, USCIS does not require that the case have resulted in an arrest or conviction; simply cooperating with authorities is sufficient. Finally, you must be otherwise admissible under U.S. immigration law, though many grounds of inadmissibility can be waived for U visa applicants.
In summary, the basic requirements for a U visa are:
- Victim of a qualifying crime: The crime must fall into one of the categories recognized by USCIS.
- Harmed by the crime: You must have suffered direct and proximate abuse (physical or mental) from the crime.
- Cooperation with authorities: You have been (or will be) helpful to law enforcement in investigating or prosecuting the crime.
- Admissibility: You are admissible to the U.S. or obtain a waiver (Form I-192) for any bars; most inadmissibility grounds are waivable for U visas.
Meeting these criteria enables you to submit Form I-918 (Petition for U Nonimmigrant Status) along with Supplement B (Form I-918B) signed by a certifying official. Family members (spouse and children) may also be included as derivatives if they qualify under the law.
Qualifying Criminal Activities
USCIS provides a non-exhaustive list of qualifying criminal activities. These include many violent and exploitative crimes. Examples are:
- Domestic violence and sexual assault/rape,
- Human trafficking and involuntary servitude,
- Stalking, kidnapping, murder or manslaughter,
- Torture, felonious assault, and false imprisonment,
- Witness tampering, obstruction of justice, or perjury (if the victim was harmed and the act was committed to hinder justice),
- Robbery, extortion, blackmail, and other related offenses, and
- Criminal acts against children, like child pornography or sexual exploitation.
Any similar activity with substantially similar elements also qualifies. In short, most serious crimes, especially violence, abuse, exploitation, and fraud, can form the basis of a U visa. The crime does not have to be prosecuted or even officially charged, but there must be credible evidence that it occurred.
Form I-918B: The Law Enforcement Certification
Form I-918B (Supplement B) is a required part of the U visa petition. It is a declaration by law enforcement (or another certifying agency) that confirms three things: (1) you were a victim of a qualifying criminal activity, (2) you have helpful information about the crime, and (3) you have been, are being, or will be helpful in the case’s investigation or prosecution. In short, the certifying official certifies your helpfulness and victim status. USCIS uses this form as key evidence that you meet the U visa requirements.
The form is structured into several parts: your information (the victim/petitioner), the agency information, details about the criminal activity, and questions about your cooperation. The certifying official will check the box for the crime(s) from the list of qualifying crimes and provide a brief description with statutory citations if possible. Part 3 of the form lists all qualifying crimes (mirroring the list above) for the agency to select. The form also asks whether the crime happened in the U.S. (or violated U.S. law), who the victim and perpetrator were, and whether a case is open.
In Part 4, the certifier answers questions about helpfulness: for example, whether you have information about the crime, whether you have been or will be helpful, and whether you have ever refused to assist after agreeing to do so. The certifier must also sign and date the form. The form has fields for the agency’s name, address, case number, and the Alien Registration Number (A-Number) if you already have one.
Getting this form properly completed is crucial. Once signed, the certifying official should return the original signed I-918B to you; they should not send it directly to USCIS. You then submit that original with your Form I-918 petition.
Who Can Sign Form I-918B?
One common question is who is allowed to sign the U visa certification. By U.S. regulation, the form must be signed by a “certifying official”. As defined by 8 C.F.R. §214.14(a)(3), a certifying official is “the head of the certifying agency, or any person in a supervisory role who has been specifically designated by the head of the certifying agency to issue U nonimmigrant status certifications”. In practice, this means senior law enforcement officers or prosecutors.
Any federal, state, local, or tribal law enforcement agency, prosecutor, judge or other government authority with responsibility for investigating, prosecuting, or sentencing the crime can certify Form I-918B. This includes police departments, sheriffs’ offices, district attorneys or U.S. Attorneys’ offices, and even entities like the FBI, ICE, or child/adult protective services if they handled the case. Some agencies have specialized victim-witness or U visa units. Even a judge overseeing the case technically can sign the certification, though courts may be less willing to do so.
Importantly, the head of the agency has ultimate authority. That person can sign themselves or formally designate a subordinate, usually someone in a supervisory or managerial role, like a detective lieutenant or U visa coordinator, to sign on their behalf. The DHS U Visa Guidance emphasizes that the head may delegate signing power to ensure smooth processing.
However, signing the form is entirely voluntary. The law enforcement agency’s decision to sign a U visa certification is “completely discretionary”. Neither DHS nor any other entity can compel an officer or agency to sign the form. In other words, even if you request it, a police chief can lawfully refuse to sign if their agency has a policy or concerns. If one office declines, you may try another. For example, a victim could approach the prosecutor handling the case instead of the local police, or vice versa. Some attorneys also work with victim service agencies or district attorneys’ offices that have more familiarity with U visas.
Key Points on who can sign I-918B:
- Eligible signers: Police officers, sheriffs, federal agents, prosecutors, judges or other officials involved with the crime.
- Certifying official: Must be the agency head or a designated supervisor.
- Original signature: USCIS requires an original ink signature on the form. Rubber stamps, typed names, or photocopies of signatures are not accepted.
- Return of form: After signing, the official must hand the original back to you; do not send it directly to USCIS.
How to Get Your U Visa Certification (Form I-918B)
Step 1: Identify the right agency or official.
Determine which law enforcement office handled your case, the agency that took the report or is prosecuting the crime. In many cases, this will be a city police department or the county prosecutor’s office. If you’re represented by an attorney or advocate, they can help identify the correct contact (for example, a detective or prosecutor with knowledge of the case).
Step 2: Prepare your request.
It’s best to work with an immigration attorney or advocate. But in any case, you should prepare the partially-completed Form I-918B, filling in your biographical/victim information in Part 1 and any known case numbers in Part 2, and gather supporting documents.
Key attachments include: a copy of the police report or incident report, criminal complaint, or court case information; a written statement summarizing the crime and your cooperation; and any evidence of your continued helpfulness (e.g. reports of interviews you gave).
Draft a polite cover letter: explain that you are applying for a U visa, a special crime-victim visa and request that the official complete and sign Form I-918B to attest to your helpfulness. The letter can cite the incident report number and date, as well as the suspect’s name if known.
Step 3: Submit the request.
Send or hand-deliver the letter, Form I-918B (with your info), and documents to the certifying official. Some offices accept requests by email, others require a mailed request or personal delivery. Make it as easy as possible for them: include an extra copy of the form (one blank signed copy and one they can keep), provide your contact info, and even a stamped return envelope.
Step 4: Follow up (if needed).
Politely follow up if you don’t hear back. If the first contact (say, a patrol officer) declines, consider reaching out to a supervisor or the district attorney’s victim-witness coordinator. Victim advocates or attorneys familiar with U visas often help by contacting the agencies on your behalf.
Step 5: After signing.
Once an authorized official signs Form I-918B in blue or black ink, they should give you the original signed form. Keep a copy for your records. You will include the original certification with your Form I-918 petition to USCIS. USCIS specifically requires an original or an originally signed photocopy; the certifier should not mail it directly to USCIS.
USCIS Best Practices: Official guidance advises certifying agencies to double-check the completed form before signing. Make sure all information (your name, the agency name, case numbers, dates) is accurate. The agency should sign in ink and may also seal the signed form in an envelope for you to submit. Once you have the signed form, file it with your U visa petition.
Common Mistakes to Avoid
Even if you have the right information, small mistakes can delay or derail a U visa application. Common errors with the Form I-918B process include:
- Not using an original signature: USCIS will reject a certification that isn’t signed in ink. A faxed or scanned signature by the agency is not acceptable.
- Law enforcement sending it to USCIS: Officials should not mail the form to USCIS. USCIS expressly instructs that the certified form be returned to the victim, who includes it in their petition.
- Incomplete information: Leaving blank fields like missing a case number, failing to check the correct crime, or not listing the certifying official’s title can create confusion or a request for additional evidence. Double-check that agency details and case identifiers are filled in.
- Wrong signer: Giving the form to the wrong person (someone who isn’t a designated certifying official) will result in refusal. Always ask for the police chief, a supervisor, or the prosecutor by name.
- Outdated forms: Use the latest edition of Form I-918B (the version dated on or after January 20, 2025) to avoid rejection.
- Lack of supporting proof: If the crime or your helpfulness is not documented, the official may be skeptical. Provide as much evidence as possible (reports, statements, letters from social workers or prosecutors attesting to your cooperation).
If USCIS finds a problem with your I-918B, they may issue a Request for Evidence (RFE) or deny the petition. For example, USCIS guidance warns that “without a completed Supplement B, the petitioner will be ineligible for U nonimmigrant status”, so it’s critical to get the form right the first time.
Why Hire an Immigration Attorney
The U visa process is complex and extremely detail-oriented. Many crime victims do not realize how many requirements and deadlines are involved until they hit a roadblock. An experienced immigration lawyer or accredited representative can be invaluable. We can help you:
- Prepare a complete petition: Lawyers know how to gather the right evidence of the crime, your victimization, and your helpfulness. We can help draft a compelling personal declaration and obtain any necessary medical or psychological evaluations to show the abuse you suffered.
- Handle the I-918B logistics: We work with law enforcement and prosecutor’s offices every day and can often navigate any reluctance to sign. For example, if one agency won’t cooperate, we may find another certifying authority (like the state attorney or a child-protective services agency) that has jurisdiction.
- Avoid costly mistakes: Attorneys are aware of USCIS updates and forms, so we ensure your I-918B is signed on the correct form edition, with all required fields. We will remind you (and the certifier) not to forget that original signature and timely return.
- Manage expectations: We explain the timeline (be prepared for the USCIS backlog, currently years of wait, even after submitting a perfect petition) and can pursue interim relief like a Bona Fide Determination (deferred action and work permit) if eligible.
In recent years, USCIS has scrutinized U visa applications more closely. Cases with thorough documentation and legal oversight have much higher approval rates. As one legal analysis notes, well-prepared petitions have been approved in over 70% of cases. In short, a good immigration attorney will help avoid denials and delays by ensuring every requirement, especially the certifying letter, is satisfied.
How We Can Help
Questions about filing immigration paperwork after abuse can feel overwhelming, especially if you’re unsure where to start or fear making a mistake. If you’re wondering whether you can file VAWA after divorce, the truth is that time limits and evidence rules can make or break your case. Acting quickly with the right guidance can protect both your status and your peace of mind.
At The Chidolue Law Firm, we help survivors navigate the VAWA self-petition after divorce process with clarity and compassion. Our attorneys prepare detailed evidence packages, track policy changes, and stand by you at every step from filing Form I-360 to managing interviews or travel concerns while your case is pending.
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