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Top 3 Questions to Ask Before Requesting a U Visa Certification in 2026

Sep 30
4 min read

At Santamaria Law Firm, we understand that requesting a U Visa certification can be one of the most important steps for a crime victim considering U nonimmigrant status. However, Form I-918, Supplement B is not simply a form to obtain from law enforcement. It is a certification concerning qualifying criminal activity, victimization, and helpfulness, and the certifying agency has discretion over whether to sign it. In 2026, careful preparation before making the request can help a victim understand whether the certification request is appropriately supported.


Does My Criminal Case Involve Qualifying Criminal Activity for a U Visa?


Before requesting a certification, the first question should be whether the underlying criminal activity potentially falls within the statutory categories of qualifying criminal activity for U nonimmigrant status. The U Visa is designed for victims of qualifying criminal activity who suffered substantial physical or mental abuse and possess information concerning the criminal activity. The victim must also have been, be, or be likely to be helpful in the detection, investigation, prosecution, conviction, or sentencing of the qualifying criminal activity. This means that simply being the victim of a crime does not automatically establish eligibility for a U Visa. The facts of the incident, the resulting harm, the victim's knowledge of the crime, and the victim's cooperation with authorities should be carefully examined before requesting Form I-918, Supplement B. USCIS explains that the certification should identify the qualifying criminal activity and provide information concerning the victim's helpfulness.


Is the Certifying Agency and Official Authorized to Sign My U Visa Certification?


The second question concerns who has authority to sign the certification. Form I-918, Supplement B is completed by a certifying agency and signed by an authorized certifying official. Depending on the circumstances, the certifying agency may be a law enforcement agency, prosecutor's office, judge, or another agency with qualifying authority under the applicable rules.


Importantly, the certification is not automatically issued merely because a person reports a crime or cooperates with an investigation. USCIS states that the decision whether to complete Supplement B is within the discretion of the certifying agency. The agency evaluates matters such as the qualifying criminal activity, victimization, and helpfulness before deciding whether to certify. Before submitting a request, therefore, a victim should identify the appropriate agency and determine its procedures for certification requests. Some agencies may have their own policies regarding supporting documentation, review procedures, authorized officials, and requests for a new or re-signed certification.


Is My U Visa Certification Request Properly Prepared and Timed?


The third question is whether the request is supported by an organized factual record and whether the certification can be used within the required filing period. A well-prepared request should allow the certifying official to understand the underlying incident, the victim's connection to the qualifying criminal activity, the assistance provided to authorities, and the continuing relevance of that cooperation.


Timing is particularly important. USCIS instructions state that a completed Supplement B is valid for six months from the date of signature. If the victim does not file Form I-918 within that period, a new Supplement B generally must be obtained from the certifying agency. Federal regulations also require the certification submitted with the initial U Visa petition to have been signed by a certifying official within the six months immediately preceding the filing of Form I-918. A recent USCIS Administrative Appeals Office decision illustrates why this requirement matters. The decision explained that an improperly executed or untimely Supplement B may fail to satisfy the initial evidence requirement for a U Visa petition. Therefore, obtaining a certification should be coordinated with preparation of the broader U Visa petition rather than treated as an isolated administrative step.


Does Obtaining a U Visa Certification Automatically Mean USCIS Will Approve My U Visa?


No. A certification is an important component of a U Visa petition, but it does not itself grant U nonimmigrant status. USCIS specifically explains that completing Form I-918, Supplement B does not automatically establish eligibility. USCIS evaluates the certification together with the complete petition and the other evidence submitted by the victim. This distinction is important because the certifying agency and USCIS perform different functions. The certifying agency addresses the victim's qualifying criminal activity and helpfulness through Supplement B, while USCIS ultimately determines whether the statutory and regulatory requirements for U nonimmigrant status have been satisfied.


Why Trust Santamaria Law Firm With Your U Visa Certification and Petition?


At Santamaria Law Firm, P.C., we understand that a U Visa case requires careful coordination between the underlying criminal incident, the certification request, supporting evidence, and the ultimate Form I-918 petition. Our approach focuses on developing a coherent evidentiary record rather than treating the certification as a stand-alone document. With experience handling humanitarian immigration matters, including U Visa cases, Santamaria Law Firm helps clients evaluate their circumstances, prepare appropriate supporting documentation, and understand how the certification fits within the broader U Visa strategy. Our goal is to help crime victims present their immigration cases accurately while accounting for the legal requirements that apply at each stage.


Legal Disclaimer: This content is shared for general educational purposes only and does not constitute legal advice. Viewing or interacting with this content does not create an attorney-client relationship. Immigration situations vary from case to case. For legal guidance specific to your situation, consult with a licensed immigration attorney.


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5 Comments


Very helpful overview of an important step in the U Visa process. Understanding qualifying criminal activity, the certifying agency’s role, and the timing of Supplement B can help victims prepare a stronger and more organized request.

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msc
Sep 30

Many people don't realize that getting the certification signed doesn't mean automatic approval from USCIS, or that agencies have full discretion on signing it. Timing it right with the overall filing is key.

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Good to know that the Supplement B is only valid for six months from the date it was signed. Obtaining the certification and only then starting to prepare the I-918 petition can mean having to go back to the certifying agency from scratch.

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ingrideliasr@gmail.com
Sep 30

This was really helpful for me. I'm currently gathering my documents for law enforcement and I didn't realize the certification is only valid for six months once signed. Definitely going to make sure my I-918 petition is ready to file as soon as I get it back.

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Valentina Arango
Sep 30

This is a very helpful overview of the U Visa certification process. The distinction between obtaining a certification and actually establishing eligibility for U nonimmigrant status is especially important for crime victims to understand.

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