The major hurdle to getting a U-Visa is the Law Enforcement Certification. Many police departments or Sheriff's offices will not sign, because they either don't understand what it is, or they have a blanket internal policy against signing. They can refuse to sign, because, under the law, their signature is discretionary. If your case was prosecuted, you may be able to get the prosecutor's office to sign. Sometimes, they can be more cooperative than the police department. In any event, all of this takes a lot of convincing and educating, and an attorney experienced with U-Visas can help you try to get the signature. Typically, their main hesitation is that they think that if they sign the form, you automatically get a green card. They are much more willing to consider it when an attorney explains to them that whether the applicant gets a green card is up to the Immigration Service, and their signature of the Law Enforcement Certification in no way guarantees that a green card will be granted. My advice to you is that you retain an attorney in your area that has experience with U-Visa cases and who will agree to help you try to obtain a signature.
The form instructions state who can sign, the do not HAVE TO sign. Just because you may have been the victim of a crime and reported it to the police does not mean you qualify for a U visa, if you were working with an attorney the would explain this to you.
Law Offices of Nicklaus Misiti
212 537 4407
Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.
Perhaps the States Attorney or State Police or other involved law enforcement will sign. They have no obligation to sign.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
My colleagues are correct ... the police are not required to sign.
They are also correct in pointing out that you need an attorney to help you with this.
If you are low income go here: www.justice.gov/eoir/probono/states.htm or http://www.immigrationlawhelp.org/
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship.