Top 3 Reasons a Law Enforcement Agency May Refuse to Sign Your U Visa Certification in 2026

At Santamaria Law Firm, we understand that obtaining a U Visa certification can be one of the most important steps in a crime victim's immigration case. Form I-918, Supplement B is completed by a qualifying certifying agency and addresses issues such as the victim's helpfulness in the detection, investigation, or prosecution of qualifying criminal activity. However, a law enforcement agency is not required to sign every certification request. In 2026, understanding why an agency may decline to certify can help victims approach the process with realistic expectations and appropriate preparation.

Could My Certification Be Refused Because the Crime Does Not Qualify for U Visa Purposes?

One of the first reasons a certification request may be unsuccessful is that the underlying criminal activity does not appear to fit within the qualifying criminal activity framework for U nonimmigrant status. The U Visa statute identifies specific categories of qualifying criminal activity, including domestic violence, sexual assault, felonious assault, stalking, kidnapping, extortion, witness tampering, obstruction of justice, and certain other offenses. The crime must generally have occurred in the United States or violated U.S. law.

The classification of the incident can sometimes be more complicated than the name of the criminal charge suggests. USCIS explains that the statutory categories are broader than particular state or federal criminal code citations, meaning that an offense may potentially fall within a qualifying category depending on its underlying elements and circumstances. Accordingly, a certification request should clearly explain the connection between the underlying conduct and the potentially qualifying criminal activity. If the certifying agency concludes that the incident does not meet its certification criteria, it may decline to sign Supplement B.

Could the Agency Refuse Because It Believes I Was Not Helpful to Law Enforcement?

A second major issue is helpfulness. U Visa eligibility generally requires the victim to have been helpful, be helpful, or be likely to be helpful to law enforcement, prosecutors, judges, or other qualifying officials in the detection, investigation, or prosecution of the criminal activity. USCIS identifies helpfulness as one of the central issues addressed by the law enforcement certification.

An agency may therefore question whether the victim cooperated with the investigation, responded to reasonable requests, provided relevant information, appeared when required, or otherwise assisted authorities. The circumstances of each case matter. A victim should not assume that making an initial police report automatically establishes every element necessary for certification. Importantly, the certification process is not the same as the final USCIS adjudication. The certifying agency evaluates whether it is willing to certify the victim's helpfulness and qualifying criminal activity, while USCIS ultimately determines whether the complete U Visa petition satisfies the immigration requirements. A signed Supplement B is important evidence, but it does not by itself guarantee U Visa approval.

Could the Agency Have Its Own Certification Policy or Require Additional Evidence?

A third reason is that the agency may have its own procedures for reviewing U Visa certification requests. Different agencies may establish internal processes concerning who can request certification, which official may sign, what documentation should accompany a request, and how the agency evaluates qualifying criminal activity and helpfulness.

USCIS's Law Enforcement Resource Guide explains the certification process and is intended to help certifying agencies understand their role in U Visa cases. The agency's certification decision is distinct from USCIS's later determination regarding the immigration petition. For this reason, a victim should not assume that sending an unsigned Supplement B to a police department or prosecutor's office will automatically result in certification. A request may need to be directed to the appropriate unit or authorized official and supported with relevant records explaining the crime, the victim's cooperation, and the agency's involvement.

If an agency refuses to certify, the circumstances surrounding the refusal should be carefully documented. Depending on the facts and the agency's procedures, it may be appropriate to seek clarification, provide additional documentation, or determine whether another qualifying certifying agency has appropriate authority. A refusal does not necessarily mean that the underlying immigration case has no possible strategy, but it should be evaluated carefully before taking further action.

Does a Refusal to Sign My U Visa Certification Mean I Cannot Obtain a U Visa?

Not necessarily, but it can create a significant obstacle. Form I-918, Supplement B is a required component of a U Visa petition under the applicable rules, so a victim should understand the reason for a refusal and whether the certification request can appropriately be reconsidered.

The U Visa process also involves requirements beyond certification, including qualifying criminal activity, substantial physical or mental abuse, possession of information concerning the criminal activity, helpfulness, and admissibility or an available waiver where applicable. USCIS emphasizes that the law enforcement declaration focuses on qualifying criminal activity and helpfulness, while USCIS evaluates the broader eligibility requirements. A refusal should therefore prompt a careful legal assessment rather than an immediate conclusion that the case is impossible.

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 often requires careful coordination between the victim, law enforcement agency, certification process, and USCIS petition. Our approach is designed to examine the underlying criminal activity, the victim's cooperation, the available evidence, and the certification requirements before a request is submitted. With experience handling humanitarian immigration matters, including U Visa cases, Santamaria Law Firm helps clients understand the role of Form I-918, Supplement B and prepare a coherent immigration strategy around the certification process. We recognize that crime victims may face complicated legal and procedural circumstances and that a certification request should be approached with careful preparation.

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.