The following information is taken in whole, or in part, from the U.S. Citizenship and Immigration Services Website. For additional information, please visit: Victims of Criminal Activity: U Nonimmigrant Status | USCIS.
Click HERE for the U Visa application
What is a U-Visa?
“The U nonimmigrant status (U visa) is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in October 2000. The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of noncitizens and other crimes, while also protecting victims of crimes who have suffered substantial mental or physical abuse due to the crime and are willing to help law enforcement authorities in the investigation or prosecution of the criminal activity. The legislation also helps law enforcement agencies to better serve victims of crimes.”
Certifying Agencies:
“The following types of agencies can certify Form I-918B: Any federal, state, tribal, territorial, or local law enforcement office or agency, prosecutor, judge, or other authority that has the responsibility to detect, investigate, or prosecute the qualifying criminal activity, or convict or sentence the perpetrator. Agencies with criminal investigative jurisdiction, such as child and adult protective services, the Equal Employment Opportunity Commission, and federal and state Departments of Labor.”
Who Can Certify an I-918 Supplement B Form (U-Visa)?
“Signing Authority: The head of the certifying agency has the authority to sign certifications or to delegate authority to other agency officials in a supervisory role to sign certifications. Federal, state, local, tribal, or territorial judges have direct authority to sign and may not delegate that authority. Judges may sign certifications based on a review of court records involving the victim. A judge may sign the certification based on having conducted the sentencing in a criminal case. A judge may also sign based on having detected a qualifying crime during a proceeding (criminal or civil) over which they presided.”
Defining Qualifying Criminal Activities:
Congress established the qualifying criminal activities listed on the USCIS website. For a list of “Qualifying Crimes”, please visit the USCIS website listed above.
Victim of a Qualifying Criminal Activity:
“Various people may request certification as a victim, including direct victims and indirect victims.”
DIRECT VICTIMS: “The person against whom the crime was perpetrated and who has suffered direct and proximate harm as a result of the commission of qualifying criminal activity. Bystanders who suffer an unusually direct injury as a result of a qualifying crime may also qualify.”
INDIRECT VICTIMS: “A person may be eligible as an indirect victim if the following requirements are met: The person must have a qualifying family relationship to the direct victim:
- If the direct victim is age 21 or older at the time the qualifying crime was committed, their spouse and unmarried children under age 21 may qualify.
- If the direct victim is under age 21 at the time the qualifying crime was committed, their spouse, unmarried children under age 21, parents, and unmarried siblings under age 18 may qualify.
- The direct victim is unable to assist law enforcement because they are: Deceased due to murder or manslaughter; or Incompetent or incapacitated, including due to injury, trauma, or age.
- The indirect victim must meet all other eligibility requirements for U nonimmigrant status.”
Timing:
“USCIS must receive the U visa petition within 6 months of the date the certifying official signed Form I-918B. If USCIS receives the U visa petition from the petitioner or their attorney more than six months after the Form I-918B was signed and dated, the Form I-918B will have expired and will not be accepted. In these situations, the petitioner or their attorney will need to obtain a newly signed and dated Form I-918B from the certifying agency.”
Metro Nashville District Attorney’s Office Certifying Official:
General Glenn Funk
Metro Nashville District Attorney’s Office Designated Certifying Official:
April D. Foster
Metro Nashville Police Department Certifying Official:
Chief John Drake
Metro Nashville Police Department’s Designated Certifying Official:
Sergeant Michael Spencer
Specific Instructions on How to Apply:
- If an arrest has been made in the case, please email the completed request form and a government issued photo ID to DA-UVISA-REQUEST@jisnashville.gov.
- If an arrest was not made in the case, or the investigation is still open with MNPD, please email completed form to michael.spencer@nashville.gov AND nathaniel.ellsworth@nashville.gov .
- Please include a copy of a government issued photo ID with every application.
- Please include the applicant’s legal name in the subject line of each request. Please do not include multiple applicants on one email.
- If applying as an indirect victim, additional documents may be requested to show family relationship.
- Please DO NOT provide supporting documentation for a request, only this form is necessary. We will notify you directly if additional information is needed.
- We ONLY provide certifications for crimes that were adjudicated in Davidson County, Tennessee for U-Visa Certifications.
- For a copy of the Certification Guidelines, please email any of the above listed individuals. They are also available on the USCIS website.
- This Certification is only valid for six months. If you have an expired certification, you will need to request a re-certification.
- In order to receive a re-certification, the expired certification will need to be returned to us prior to a re-certification being issued. Originals with a wet signature are required and copies of the old certification will not be accepted.