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Copyright Lexipol, LLC 2017/11/28, All Rights Reserved. Published with permission by Santa Monica Police Department U visa Certification - 1 Santa Monica Police Department Santa Monica Police Department Policy Manual U visa Certification 414.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines and procedures for officers who receive requests for a U visa Certification (Form I -918, Supplement B). The Chief of Police has designated the Criminal Investigations Division Commander as the certifying officer for the Santa Monica Police Depar tment with the authority to issue Form I-918, Supplement B certification on his/her behalf. 414.2 PROCEDURES Under certain circumstances, federal law allows victims and witnesses of certain qualifying crimes to receive temporary immigration benefits (8 USC 110(a)(15)(U). The victim or witness must obtain a declaration/certification form from the law enforcement officials who are responsible for conducting the related criminal investigation in order to file a petition for a U visa with the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS). The certification, which is completed on the appropriate form (I -918, Supplement B) must clearly articulate how the victim or witness can assist in a criminal investigation or prosecution. State law requires law enforcement officials to complete Form I -918, Supplement B, upon the request of a victim or witness of a qualifying crime or upon the request of a family member of the victim or witness (Penal Code §679.10). By completing the necessary document, law enforcement officials are certifying that the victim or witness is, has been, or is likely to be helpful in the detection, investigation or prosecution of the crime under investigatio n. There is a rebuttable presumption that the victim is helpful, has been helpful, or is likely to be helpful, if the victim has not refused or failed to provide information and assistance that is reasonably requested by law enforcement officials who are c onducting the criminal investigation. Additionally, certain immediate family members and indirect victims of U visa recipients may also be eligible to live and work in the United States as derivative U visa recipients based on their relationship with the p rincipal recipient. These family members include; (a) Unmarried children under the age of 21 of principal U visa recipients; (b) Spouses of principal U visa recipients; (c) Parents of principal U visa recipients under age 21; and (d) Unmarried siblings under the age of 18 of principal U visa recipients under age 21. Indirect Victims include; (a) A parent of a child victim under 21 years of age; (b) Parent of a victim that is incapacitated or incompetent to cooperate with the investigation; and,Policy 414 Copyright Lexipol, LLC 2017/11/28, All Rights Reserved. Published with permission by Santa Monica Police Department U visa Certification - 2 Santa Monica Police Department Santa Monica Police Department Policy Manual U visa Certification (c) Parent of a deceased child due to murder or manslaughter. Any request for assistance in applying for U visa status should be forwarded in a timely manner to the Office o f the Criminal Investigation's Commander. The Commander and/or his/her designee shall; (a) Consult with the assigned detective to determine whether the victim or witness; 1. Is the victim or witness of a qualifying criminal offense (refer to list of crimes on Form I-918, Supplement B; U Nonimmigrant Status Certification, Part 3: Criminal Acts). 2. The victim possesses information relevant to the crime . 3. The victim was helpful, is being helpful, or is likely to be helpful in the detection, investigation or prosecution of the crime being investigated. 4. Has not refused or failed to provide assistance when requested reasonably by law enforcement officials, and; 5. The crime(s) violated United States law and have occurred within the City of Santa Monica. (b) Contact the appropriate prosecutor assigned to the case, if applicable, to ensure the declaration/certification has not already been completed ( NOTE: Requests for a U visa certification by a victim or the victim's representative during the pendency of a case is cons idered discoverable. If a request for certification is made during the pendency of a case, the handling detective must notify the prosecuting agency. Post conviction certification requests do not need to be disclosed). (c) Address the request and complete the declaration/certification within 90 days of receipt or within 14 days if the applicant is in immigration removal proceedings. (d) Ensure that any decision to complete or not complete the form is documented in the investigative case file. Include a copy of the completed certification in the case file. The Santa Monica Police Department will not certify the following applications: (a) Applications containing false or inaccurate information (b) Applications that do not include all required information (c) Applicant/victim of qualifying crime was not helpful with the investigation and/or prosecution of the incident. (d) Applications that do not meet the qualifying offense criteria Upon certification, the Criminal Investigations Division Commander or his/her designee will ensure accurate records are kept of U visa certifications and will ensure the application is returned to the applicant or applicant's representative. Certifying agencies are prohibited from disclosing the immigrant status of a victim or person requesting a U visa certification,