Seattle U visa certification may still be available when a reported crime never leads to criminal charges. For an immigrant crime victim, a closed investigation or a prosecutor’s decision not to proceed can create uncertainty about whether an immigration petition remains possible.
The starting point is to separate the criminal case from the certification request. Washington law allows certification without a prosecution, while the applicant must still establish the facts and assistance required for the U visa process.
Why Criminal Charges Are Not Required
Under RCW 7.98.020, a current investigation, filed charges, prosecution, or conviction is not a prerequisite for certification. The certifying agency must still evaluate the qualifying criminal activity and the victim’s helpfulness.
A decision not to prosecute therefore does not settle the certification question. The request should explain what happened, identify the agency’s records, and describe the assistance the victim provided. An agency can assess those matters even when there will be no criminal trial.
What Seattle U Visa Certification Establishes
Form I-918 Supplement B is the law-enforcement certification used in a U visa petition. It documents information about the criminal activity and whether the victim has assisted, is assisting, or is likely to assist the responsible authorities.
The Seattle Police Department’s certification guidance explains that its signature does not grant immigration status or guarantee approval. USCIS makes the immigration decision after reviewing the petition.
This distinction matters when gathering evidence. A certification request addresses the agency’s knowledge of the incident and the victim’s cooperation. The later immigration filing must establish the applicant’s broader eligibility.
The Underlying Crime Must Still Qualify
U nonimmigrant status is available to eligible victims of specified criminal activity. Qualifying categories include domestic violence, sexual assault, trafficking, and felonious assault, among others. A police report about an unrelated offense does not automatically create eligibility.
Applicants generally must establish substantial physical or mental abuse resulting from qualifying criminal activity, knowledge of that activity, and the required helpfulness. They must also satisfy the geographic or U.S.-law requirements and be admissible or obtain an available waiver. The USCIS eligibility guidance explains these requirements.
When the report uses a different offense name, the underlying facts and applicable legal elements need careful review. Applicants should describe events accurately rather than change their account to fit a visa category.
Choosing the Appropriate Seattle Agency
Seattle Police accepts certification requests involving incidents within Seattle city limits. Its published procedure directs requests to the SPD Legal Unit, which acknowledges receipt and provides an estimated response date.
The Seattle City Attorney’s Office also identifies itself as a certifying agency. The appropriate route depends on which agency had responsibility for detecting, investigating, or prosecuting the activity. An applicant’s current Seattle address alone does not determine where the request belongs.
Before submitting sensitive records, check the agency’s current instructions and confirm the correct recipient. Keep a complete copy of the submission and evidence of when it was delivered.
Preparing Records for a Case Without Charges
Without a prosecution file or court judgment, the incident records become especially useful. SPD publishes a U visa certification checklist that asks for the incident or General Offense number, incident date, contact information, and an explanation of the victim’s helpfulness.
The checklist also asks whether the police report, follow-up report, and Computer Aided Dispatch report are attached. When a listed report is missing, it asks for an explanation. Applicants should account for missing documents rather than leave the agency guessing.
A practical request package can organize the available materials around:
- The completed Supplement B and SPD checklist.
- The incident number and available police, follow-up, and dispatch records.
- A clear description of information or assistance provided to investigators.
- Supporting documents and any relevant upcoming deadline.
Separate facts supported by records from details recalled by the victim. Where dates, names, or descriptions differ, flag the discrepancy and explain it truthfully. A short, organized account is easier to review than repeated statements spread across several attachments.
Showing Helpfulness Without Court Testimony
Helpfulness can arise during an investigation, before prosecutors decide whether to bring a case. The applicant should explain the actual assistance provided, such as answering investigators’ questions, supplying relevant messages, or helping identify witnesses.
The USCIS Form I-918 instructions identify evidence such as police reports, court records, and statements from witnesses or officials. Supplement B can help establish this requirement, with additional evidence supporting the account.
Special rules allow a parent, guardian, or qualifying next friend to provide assistance for certain victims under 16 or victims who are incapacitated or incompetent. Those cases require evidence supporting the use of that exception.
Where communication broke down, explain the circumstances accurately. Keep records of returned calls, emails, requests for interpretation, or other attempts to respond. Whether the available evidence satisfies the helpfulness requirement depends on the individual record.
Certification Deadlines and Urgent Requests
Washington generally requires certification requests to be processed within 90 days. For a victim in federal immigration removal proceedings, the law provides a 14-day deadline after the agency receives the request.
A separate rule addresses certain victims or children approaching age 21 who would lose relevant benefits: certification must be executed by the earlier of 14 days before that birthday or 90 days after the request. Expedited treatment must be affirmatively requested. These rules appear in RCW 7.98.020(3).
Provide records establishing the urgent circumstances. These are certification deadlines, not promises about when USCIS will decide the immigration petition.
What Happens After the Certification Is Signed
Check the signature date promptly. USCIS instructions for Supplement B state that USCIS must receive Form I-918 and the required initial evidence within six months after the certifying official signs the certification. Leaving the signed form unused can mean needing a new certification before filing.
The immigration package ordinarily includes the petition, signed certification, the victim’s statement, and evidence addressing eligibility. An inadmissibility waiver may also be needed. Obtain the current forms and filing instructions from the USCIS Form I-918 page.
Filing does not itself provide work authorization or cancel a removal order. Under 8 CFR 214.14(c)(1)(ii), a pending U visa petition does not prevent ICE from executing a final removal order. Anyone facing removal needs separate advice about their proceedings and any available request for a stay.
Responding to a Delay or Refusal
For a delayed request, follow up with the submission date, delivery confirmation, incident number, and any acknowledgement. Ask whether the agency needs additional records or clarification.
For a refusal, ask for the reason in writing so a lawyer can assess the problem. Missing evidence, the nature of the criminal activity, and questions about cooperation may require different responses.
Washington’s Safety and Access for Immigrant Victims Program provides a process for reporting concerns about implementation of the state’s certification law. Reporting a concern should not be treated as a substitute for addressing filing deadlines or seeking advice about a particular denial.
When to Contact a Lawyer
Legal advice is particularly useful when no charges were filed, the report does not clearly describe qualifying criminal activity, the agency questions cooperation, or the applicant has previous immigration violations or a removal order. A lawyer can review the certification issue alongside the immigration history before a petition is submitted.
Lesley Irizarry-Hougan, founder of Seattle-based L.I.H. Law, P.S., focuses her practice on immigration law. Her professional profile describes more than 20 years of exclusive immigration practice and work representing survivors of domestic violence. The firm also provides Spanish-language service.
L.I.H. Law lists U visa representation among its services, including assistance with cases that were not prosecuted and cases involving earlier immigration violations or deportation orders. Readers considering a Seattle U visa petition can contact her office to discuss the available records, the certification process, and their individual immigration circumstances.
For a useful consultation, gather the incident number, agency correspondence, available police records, immigration notices, and any signed certification. Bring a timeline of assistance provided to authorities and identify approaching deadlines at the outset.
Legal Note: This article provides general educational information, is not legal advice, and does not create an attorney-client relationship. Certification and U visa eligibility depend on individual facts. Laws, forms, agency procedures, and immigration policies may change. Consult a qualified immigration attorney about your circumstances, especially before filing when removal proceedings or a removal order are involved.
