How to get a U visa certification signed in California

This page is about getting the certification signed. It is general information, not legal advice. DNLH is not a law office. Who qualifies is covered in What is a U visa and could I qualify?, and the risks of applying are covered in Is it safe to apply for a U visa right now?

What is a U visa certification?

It is a federal form called Form I-918, Supplement B. An official who handled the crime fills it out. The official describes the crime and says that you have been helpful, are helpful now, or are likely to be helpful to the investigation or the case.

You cannot get a U visa without it. Federal rules say the form must be signed by a certifying official within the six months before you file your U visa petition. So timing matters. Get it signed when your lawyer is close to ready to file.

The certification does not give you a U visa. It is one piece of your packet. USCIS, the federal immigration agency, makes the final decision.

Who can sign it?

In California, the law gives a long list of "certifying entities." It includes:

• Police departments and sheriff's offices
• District attorneys and city attorneys who prosecute crimes
• Judges
• Other agencies that look into crimes as part of their job, such as child protective services and the California Civil Rights Department

The person who signs must be the head of the agency, a supervisor the head has named for this job, or a judge.

Pick the agency that actually handled your case. If the police took a report, start there. If the case went to court, the district attorney's office may be the better choice. You can ask more than one agency if more than one was involved.

Do they have to sign it?

Here is the good news. California law is strong on this.

Helpfulness is presumed. The agency must treat you as helpful unless you refused or failed to give information or help that was reasonably asked of you. If you did not know they were trying to reach you, that does not count against you.

No arrest or conviction is needed. The agency cannot require that someone was charged, arrested, prosecuted or convicted.

Old cases still count. The agency cannot say no only because the case is closed, already prosecuted, or too old to prosecute.

A "no" must be in writing. If the agency will not certify, it must explain why in writing, with details about how you refused to cooperate.

They must fill it out fully. The official must complete and sign the whole form, including details about the crime and how you helped.

Your status stays private. The agency may not share your immigration status, except to follow federal law or legal process, or if you allow it.

These rules come from California Penal Code section 679.10. The current version came from AB 1261, a 2023 law that took effect January 1, 2024.

What the law cannot do is force USCIS to approve your case. It only makes sure the local agency answers you fairly and on time.

How fast do they have to answer?

• 30 days from the day they receive your request, in most cases.
• 7 days after the first business day following your request, if you are in removal proceedings (immigration court).
• 7 days also applies if a family member who would be on your case will lose eligibility within 60 days because of their age. Tell the agency this in your request.

Write down the date you sent your request. Keep proof, such as a mail receipt or a copy of the email.

Who do I ask in East Palo Alto and San Mateo County?

If the crime happened in East Palo Alto and no one was arrested: the city says to mail your request to:

East Palo Alto Police Department 141 Demeter Street East Palo Alto, CA 94303

If the person who hurt you was arrested: the city says to send it to:

San Mateo County District Attorney's Office 400 County Center, 3rd Floor Redwood City, CA 94063

What the city asks you to include:

• A Supplement B form with your part filled in
• A copy of the police report
• A stamped envelope addressed to you or your lawyer
• An email address and phone number for the person asking

Free victim help in San Mateo County: the Victim/Witness Assistance Center (650-599-7479) offers crisis help, court escort and referrals. East Palo Alto also lists a Community Advocate at 650-321-2193, extension 1111.

If the crime happened in Santa Clara County and the DA prosecuted it: the Santa Clara County DA's U visa page says to send a completed certification request to its U-Visa Desk, 70 W. Hedding Street, West Wing, San Jose, CA 95110, phone (408) 808-3736. The page says to send it at the end of the criminal case. If your case is still open and you need the form sooner, tell your lawyer: state law says an open case or a conviction is not required.

If the crime happened somewhere else in California: send it to the agency that handled it. Look on that city's police or district attorney website for "U visa." Many have their own instructions. If you cannot find any, ask your lawyer to send it to the agency head with a cover letter citing Penal Code 679.10.

What do I send with the request?

Your lawyer will usually prepare this. A strong request includes:

1. Supplement B, with the top part about you filled in. Use the current edition from the USCIS I-918 page.
2. A short cover letter. Name the crime, the date, the report or case number, and the agency's deadline under Penal Code 679.10. Say if you are in removal proceedings or if a family member is close to aging out.
3. The police report or case number. If you do not have a copy, give the number and the date of the report.
4. How you helped. For example: you called 911, made a report, answered questions, or went to court.
5. How to reach you safely. Use your lawyer's address if your home is not safe.

What if they say no or never answer?

Stay calm. You have options.

• No answer after 30 days (or 7): have your lawyer follow up in writing. Name the date of the request and the law.
• A written "no": read the reason. If it says you did not cooperate and that is wrong, your lawyer can send proof that you did.
• Another agency: if the police said no, the district attorney or a judge who handled the case may also be able to sign. Ask your lawyer.
• Get backup: a free legal group or a victim advocate can help you push.

Do not file your U visa without a signed Supplement B. USCIS will not approve it without one.

What if I am in immigration court?

Say so clearly in your request, at the top. The agency then has 7 days. Bring a copy of your court notice or tell your lawyer to attach proof.

If you are detained or have a hearing soon, call a free legal group today. See What happens at your first immigration court hearing and Free lawyers for immigration court.

What happens after it is signed?

1. The agency sends the signed form back to you or your lawyer.
2. Check the date it was signed. You have six months from that date to file.
3. Your lawyer files the U visa petition (Form I-918) with the signed Supplement B and your other evidence.
4. Keep a copy of everything.

Next step: Apply for a U visa step by step.

Mistakes to avoid

• Asking too early. If your packet is not close to ready, the six months can run out. Talk with your lawyer about timing.
• Sending your home address when it is not safe. Use your lawyer's address or a safe mailing address.
• Going to the police alone about an old case. That is your choice, but a lawyer can make sure you do not say something that hurts your case.
• Paying a "notario" to get the form signed. Only a lawyer or a DOJ accredited representative can give you legal advice. See Warning signs of an immigration scam.
• Giving up after a "no." A written denial is not the end. Ask your lawyer about another agency.

Questions people ask

Does the agency ask about my immigration status? The law bars the agency from sharing your status except in narrow cases. You are asking because you are not a citizen, so they will know you are seeking immigration help.

The crime happened years ago. Can I still ask? Yes. In California, the agency cannot refuse only because the case is old or closed.

Nobody was arrested. Can I still get it? Yes. No arrest, charge or conviction is required.

Can the agency charge a fee? USCIS charges nothing for Supplement B. Penal Code 679.10 does not mention fees either way, and the East Palo Alto and Santa Clara County DA pages list none. Ask before you send.

Is there a version for trafficking survivors? Yes. For the T visa, the law enforcement form is Form I-914, Supplement B. California Penal Code 679.11 gives agencies the same 30 day deadline, or 7 days after the first business day if you are in removal proceedings. Cooperation is presumed, the agency cannot refuse only because the case is closed, and it must send the form back without asking for a government ID. Ask your lawyer whether to request it. See Immigration options for survivors.

My child was the victim. Who asks? A parent or guardian can be the helpful person when the victim is under 16. See What is a U visa and could I qualify?

Is there a checklist I can print?

Who can help?

• Community Legal Services in East Palo Alto (CLSEPA): (650) 326-6440, 1861 Bay Road, East Palo Alto. Walk in Monday to Friday, 9 a.m. to 1 p.m. Serves low income residents of San Mateo and Santa Clara counties, including survivors.
• Bay Area Legal Aid: advice line 1-800-551-5554. Helps survivors with U visas, T visas and VAWA.
• Tahirih Justice Center, Bay Area: 1-866-575-0071, Monday to Friday, 9 to 5. Free legal help for immigrant women and girls fleeing violence. No walk ins.
• San Mateo County Victim/Witness Assistance Center: 650-599-7479.
• CORA (Community Overcoming Relationship Abuse): 24 hour hotline 800-300-1080, for intimate partner abuse in San Mateo County.

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service. More options: Free legal help in the Bay Area and Where survivors can get free help.

If you are in danger right now, call 911.

You did something brave when you spoke up. This form is how the law says thank you. Take it one step at a time.