Crime victims could seek U visa certification through state agencies

A victim or someone acting for them could request U visa certification, and officials would have to process the request on a set schedule. A victim, or someone acting for a victim, could ask a listed law enforcement agency, prosecutor, court, or state agency to certify them. A request could cover more than one victim, depending on the crime. A victim must have credible and reliable information about qualifying criminal activity and have helped, or be likely to help, detect, investigate, or prosecute it. The victim must continue helping if asked. An official could deny or withdraw certification only if the victim refuses to help after reasonable requests. A closed investigation or case, expired deadline to start a criminal case, lack of charges, or an acquittal or no conviction would not be grounds for denial or withdrawal. The 30-day period starts when the official receives the request. The 14-day period applies to an expedited request made to a district attorney’s office or the state Department of Justice.

Agencies would explain denials and provide review options; a court could sign a certification if it finds the victim eligible. These options apply to victims whose certification requests are denied. A petition could go to the district court where the victim lives or the First Judicial District Court. A victim could ask the agency to review a denial, then ask the state Department of Justice to review it. A court petition is allowed after those steps, or if the Department of Justice originally denied the request. The court must find that the person is a victim of qualifying criminal activity and meets the bill’s eligibility rules before signing a certification. It could also award reasonable costs, attorney fees, or other fair relief. An agency would have 30 days from the victim’s receipt of the denial to issue its internal appeal decision. The Department of Justice would have 14 days after receiving the denial records to decide its review.

Certifying agencies would post their procedures, keep records about requests and outcomes, and report on their work when asked. The duties would apply to each agency the bill defines as a certifying agency, including listed state and local agencies and courts. An agency would have to report on implementation only if the state Department of Justice or the legislature asks. Agencies would record requests received in each calendar year. The bill gives no separate start date for these duties.