Chicago Police DepartmentSpecial Order S02-06
U Visa Nonimmigrant Status Certification
Issue Date:09 January 2019Effective Date:09 January 2019
Rescinds:
Index Category:Human Rights and Community Partnerships
  • A. PURPOSE
    Based upon Illinois Public Act 100-1115, this directive delineates Records Division policy and procedures for:
    • 1.completing requests for The US Citizenship and Immigration Services (USCIS) U certifications Form I-918, Supplement B, U Visa Nonimmigrant Status Certification;
      NOTE:
      Requests for The US Citizenship and Immigration Services (USCIS) U certifications Form I-918, Supplement B, U Visa Nonimmigrant Status Certification will be completed by Records Division sworn supervisors only.
    • 2.sending completed requests to applicant/requestor.
    • 3.in cases of non-eligibility, notifying an applicant/requestor of current non-eligibility status via "Notice of Non-Eligibility for U Nonimmigrant Status Certification" (CPD-31.117).
    • 4.processing eligibility appeals.
  • B.BACKGROUND
    • 1.The U visa is a federal immigration benefit for victims of certain crimes who meet eligibility requirements. If approved, it allows eligible victims to legally remain and work in the United States for up to four years.
    • 2.The US Citizenship and Immigration Services (USCIS) considers law enforcement certification as primary, though not exclusive, evidence that an individual:
      • a.was a victim of a qualifying crime;
        NOTE:
        A list of qualifying crimes can be found in Form I-918 at www.uscis.gov/i-918.
      • b.has knowledge of that crime;
      • c.was, is, or is likely to be helpful in the law enforcement investigation or prosecution of the qualifying crime.
    • 3.A victim must prove to the USCIS that he or she cooperated with law enforcement by submitting a completed and signed law enforcement certification, USCIS Form I-918, Supplement B, U Nonimmigrant Status Certification, stating that the victim has cooperated with law enforcement.
  • C.DEFINITIONS
    • 1.USCIS — U.S. Citizenship and Immigration Services (USCIS) is the federal component of the Department of Homeland Security (DHS) that has the sole authority to approve or deny (adjudicate) petitions for U nonimmigrant status (U Visa).
    • 2.APPLICANT/REQUESTOR — A victim of a qualifying crime who requests a U certification (applicant) or a person or organization who requests a U certification on behalf of a victim of a qualifying crime (requestor).
    • 3.CERTIFYING OFFICIAL — Certifying officials are the only persons with the authority to sign certifications for the Department. The Superintendent of Police, as head of the Department, is a de facto certifying official. Under federal law, the Superintendent of Police, in writing, may designate additional members of the Department who are in a supervisory capacity to sign certifications on behalf of the Department.
    • 4.QUALIFYING CRIMES — A qualifying crime refers to crimes that are part of the criteria for U status and can be found at: Form I-918 at www.uscis.gov/i-918.
    • 5.U VISA CERTIFICATION — USCIS Form I-918, Supplement B, U Nonimmigration Status Certification, is a document that the Department may, at its discretion, complete free of charge for an eligible victim of a qualifying crime who is petitioning USCIS for U nonimmigration status.
    • 6.U NONIMMIGRATION STATUS (U VISA) — Temporary, four-year nonimmigrant status granted to victims of certain qualifying crimes, as designated by U.S. Citizenship and Immigration Services (USCIS).
  • D.GENERAL INFORMATION
    • 1.Requesters can find the USCIS Form I-918, Supplement B, U Nonimmigrant Status Certification at www.uscis.gov/i-918.
    • 2.It is the exclusive responsibility of federal immigration officials to determine whether a person is eligible for a U visa. Completion of a certification form by a certifying official merely verifies factual information relevant to the federal immigration benefit sought, including information relevant for federal immigration officials to determine eligibility for a U visa. By completing a certification form, the certifying official attests that the information is true and correct to the best of the certifying official's knowledge.
    • 3.No provision in Illinois Public Act 100-1115 limits the manner in which a certifying officer or certifying agency may describe whether the person has cooperated or been helpful to the agency or provide any additional information the certifying officer or certifying agency believes might be relevant to a federal immigration officer's adjudication of a U visa application. If, after completion of a certification form, the certifying official later determines the person was not the victim of qualifying criminal activity or the victim unreasonably refuses to assist in the investigation or prosecution of the qualifying criminal activity of which he or she is a victim, the certifying official may notify United States Citizenship and Immigration Services in writing.
    • 4.A certifying agency or certifying official acting or failing to act in good faith in compliance with Illinois Public Act 100-1115 shall have immunity from civil or criminal liability that might otherwise occur as a result of so acting or failing to act, with the exception of willful or wanton misconduct. Any action brought to seek enforcement of the Illinois Public Act 100-1115 shall be ineligible to seek attorney's fees and costs, unless the action demonstrates willful or wanton misconduct by a certifying agency or certifying official.
  • E.REQUESTS FOR CERTIFICATION
    Requests for certification from the Chicago Police Department (USCIS Form I-918, Supplement B, U Nonimmigrant Status Certification) will be submitted to the Records Division either in person or mailed to:

    Chicago Police Department
    3510 S. Michigan Ave.
    Chicago, IL 60653
    Attn: Records/U Visa Certifications
  • F.RECORDS DIVISION RESPONSIBILITIES
    • 1.The Records Division will review all available Department records after receiving the USCIS Form I-918, Supplement B, U Nonimmigrant Status Certification request and will make a determination on each of the following:
      • a.Identity of the Victim: Determine whether the victim named in the U visa certification request is a victim of a crime that the Department is investigating or has investigated by completing a search for the corresponding Chicago Police Department case report. If found, the Records Division case report number will be documented in the USCIS Form I-918, Supplement B, U Nonimmigrant Status Certification form.
      • b.Qualifying Crime: Determine whether the reported crime is a qualifying crime under Federal law. Include date(s) and location(s) of occurrences and citations for the state or federal statute implicated. Briefly describe the criminal activity being investigated and/or prosecuted and the involvement of the petitioner. Provide a description of any known documented injury to the victim.
      • c.Helpfulness of the Victim: Determine whether the victim was, is, or is likely to be helpful to the Department's investigation of the qualifying criminal activity.
      • d.Family Members Implicated in Criminal Activity: Identify and determine whether any of the victim's family members are involved in the criminal activity.
    • 2.The certifying official will complete the certification forms and provide it to the applicant within 90 business days of receiving the request, except:
      • a.if the person making the request for completion of the certification form is in federal immigration removal proceedings or detained, the certifying official will complete and provide the certification forms to the person no later than 21 business days after the request is received by the certifying agency;
      • b.if the children, parents, or siblings of the person making the request for completion of the certification form would become ineligible for benefits under Sections 1184(p) and 1184(o) of Title 8 of the United States Code by virtue of the person's children having reached the age of 21 years, the person having reached the age of 21 years, or the person's sibling having reached the age of 18 years within 90 business days from the date that the certifying official receives the certification request, the certifying official will complete and provide the certification form to the person no later than 21 business days after the request is received by the certifying agency;
      • c.if the person's children, parents, or siblings would become ineligible for benefits under Sections 1184(p) and 1184(o) of Title 8 of the United States Code in less than 21 business days of receipt of the certification request, the certifying official will complete and provide a certification form to the person within 5 business days; or
      • d.a certifying official may extend the time period by which it must complete and provide the certification form to the person as required under this subsection (d) only upon written agreement with the person or person's representative.
        NOTE:
        Requests for expedited completion of a certification form under this section shall be affirmatively raised by the person or that person's representative in writing to the certifying agency and shall establish that the person is eligible for expedited review.
    • 3.ELIGIBLE FOR CERTIFICATIONS: The certifying official will send the original signed application (signed in blue ink), via US mail, to the applicant/requester listed on the USCIS Form I-918, Supplement B, U Nonimmigrant Status Certification form.
    • 4.CURRENTLY NON-ELIGIBLE FOR CERTIFICATION: The certifying official will complete Notice of Non-Eligible for U Nonimmigrant Status Certification (CPD-31.117) and will send the letter via US mail to the the applicant/requester listed on the USCIS Form I-918, Supplement B, U Nonimmigrant Status Certification form. The form letter includes boxes to be checked by the certifying official indicating the reason(s) for non-eligibility status, a section for "additional information," and instructions for the victim to request an appeal of the non-eligibility status.
  • G.APPEAL OF CURRENT NON-ELIGIBILITY STATUS
    • 1.A certifying official other than the one who reviewed the original application will review the appeal and will review all submitted materials, as well as all available Department records, within 90 days of receiving the request for appeal.
    • 2.If the certifying official reviewing the appeal determines that the applicant is eligible, the completed application will be sent to the applicant/requestor within 90 days of receiving the appeal. If the certifying official reviewing the appeal determines that the applicant continues to be non-eligible, the applicant/requestor will be notified of the continued non-eligibility for certification within 90 days of receiving the appeal.
  • H.APPLICATION RENEWALS
    A certifying official will reissue a certification form within 90 business days of receiving a request from a victim to reissue. If the victim seeking recertification has a deadline to respond to a request for evidence from United States Citizenship and Immigration Services, the certifying official will complete and issue the form no later than 21 business days after the request is received by the certifying official. Requests for expedited recertification will be affirmatively raised by the victim or victim's representative in writing and will establish that the victim is eligible for expedited review. A certifying official may extend the deadline by which he or she will complete and reissue the certification form only upon written agreement with the victim or victim's representative.
Authenticated by: KC
Eddie T. Johnson
Superintendent of Police
SB 18-092