No U visa petition can be approved without a signed certification from a law enforcement or other certifying agency. That document, Form I-918 Supplement B, confirms that the applicant was the victim of a qualifying crime and has been, is being, or is likely to be helpful in its investigation or prosecution. For many crime victims the certification is the hardest part of the case. This guide explains who can sign it, what it must say, and how to request it effectively.
Table of Contents
What the Certification Does
Supplement B does not grant immigration status; it is evidence. It establishes that a qualifying crime occurred and that the victim possessed information and was helpful. USCIS still decides whether the victim suffered substantial physical or mental abuse and whether a waiver of any inadmissibility is warranted. The certification must be signed within six months before the U visa petition is filed.
Who Can Sign
Certifying agencies include federal, state and local police departments, district attorneys' offices, judges, child and adult protective services, the Equal Employment Opportunity Commission, and the Department of Labor. Within each agency, the head or a designated supervisory official signs. In New York City and throughout New Jersey, most police departments and prosecutors' offices have designated units that handle these requests.
Qualifying Criminal Activity
The statute lists more than two dozen categories, including domestic violence, sexual assault, rape, felonious assault, kidnapping, trafficking, involuntary servitude, extortion, stalking, witness tampering, obstruction of justice and perjury, as well as attempts, conspiracies and solicitation to commit them. Similar offenses under state law with substantially similar elements also qualify.
Requesting a Certification
- Identify the agency that investigated or prosecuted the crime and obtain the police report or case number.
- Prepare a cover letter that summarizes the crime, the victim's cooperation, and the specific boxes the agency is asked to certify.
- Attach a pre-completed Supplement B for the certifier's review.
- Follow up in writing and keep a record of every contact.
Agencies are not required by federal law to sign, and signing is discretionary. Some states, such as California and Illinois, have enacted laws requiring agencies to respond within fixed deadlines. Where an agency refuses, a different certifying entity — such as a family court judge who issued a protective order — may be able to sign.
After Filing: Waitlist and Bona Fide Determinations
Only 10,000 principal U visas are available each year, and demand far exceeds supply. USCIS first reviews petitions for a bona fide determination, which can lead to deferred action and work authorization while the applicant waits for a visa number. When a case sits without any decision for an unreasonable time, federal litigation is sometimes used to compel USCIS to act.
Key Takeaways
- Supplement B is mandatory for a U visa and must be signed within six months before filing.
- Police, prosecutors, judges and several federal agencies can certify.
- Criminal history does not automatically disqualify a victim; Form I-192 waivers are broad.
- A well-prepared request package greatly improves the chance that an agency signs.
Related Guides on This Site
A related scenario is analyzed in VAWA Self-Petitions: Good Moral Character and Criminal History. You may also find Asylum, Withholding of Removal and CAT Protection with a Criminal Record useful. See also our guide Special Immigrant Juvenile Status in New York Family Court.
How Can I Appeal an Immigration Decision in the United Stateshe issues overlap with those discussed in How Can I Appeal an Immigration Decision in the United States. For a closer look at a related issue, read Strategies That Work Defending Clients in Criminal Immigration Cases. Readers in a similar situation often continue with When Can a Writ of Habeas Corpus Be Suspended.
You can browse every guide in Humanitarian Protection, compare them with our Family-Based Immigration guides, or open the complete directory of legal guides.
When a Case Stops Moving: Federal Court Options
Humanitarian applications — asylum, U and T visas, VAWA and SIJS — face some of the longest backlogs, and federal courts regularly hear delay cases in these categories. The resources below explain, step by step, how delay litigation works and when it makes sense.
Recognizing an Unreasonable Delay
Before deciding whether a federal lawsuit makes sense, it helps to measure the delay objectively. Applicants should also understand how the USCIS discretion memo for adjustment cases affects pending green card files. If you are unsure how long is too long, the guide Is My Case Stuck? walks through the warning signs of a stalled file. A common fear is that suing USCIS will backfire; the analysis of whether a mandamus action can hurt your case explains why that is rarely so. Humanitarian filings are often routed to a single office, and HART Service Center delays have become a recurring problem. When background checks never seem to finish, mandamus for FBI name check delays may be the remedy. Obtaining your own file can reveal why a case is stuck, and FOIA mandamus actions compel agencies to release it. A concrete example is the FOIA and I-485 case study, where the file itself exposed the cause of the delay.
Mandamus for Specific Forms and Programs
Delay litigation looks different for each type of application, so form-specific guidance is essential. Follow-to-join petitions that stall are discussed in mandamus for I-730 delays. Investors facing long EB-5 waits can consider EB-5 mandamus. Investors waiting to remove conditions should read about I-829 mandamus. When a labor certification stalls, see mandamus for PERM delays. Visa applicants stuck in administrative processing abroad can read about consular mandamus. Because diversity visas expire at the end of the fiscal year, mandamus for DV lottery winners is time-sensitive. Naturalization applicants waiting for an interview can consider N-400 mandamus. If your interview has passed without a decision, review the 1447(b) naturalization delay remedy. Denied citizenship applicants can seek de novo review of an N-400 denial. Delays in expeditious naturalization for children are covered in mandamus for N-600K cases. When an immigration court case is stuck, see mandamus against EOIR. Collective litigation over spousal visas is explained in the K-3 class action overview. Investors planning their timing should note the EB-5 2027 investment increase. For adjustment of status delays, see mandamus for a delayed I-485. When a relative petition sits untouched, mandamus for I-130 delays may be appropriate. Employment-based petitioners should see I-140 mandamus options. When an employment authorization document is late, mandamus for EAD delays can protect a job. For K-1 petitions that stall at USCIS, see mandamus for fiancé visa petitions. Conditional residents waiting years to remove conditions may benefit from I-751 mandamus. When advance parole or a reentry permit is late, consider mandamus for a delayed I-131. Permanent residents waiting on a new card should read about mandamus for I-90 renewals. Provisional waiver applicants can review I-601A mandamus strategies. Affirmative asylum applicants waiting years for an interview can consider asylum mandamus. When a VAWA self-petition stalls, mandamus for VAWA delays may help. Age-sensitive SIJ cases can be protected through mandamus for SIJS petitions.
The Legal Standards Courts Apply
Federal judges evaluate delay cases under a well-developed body of law. Some cases call for a ruling on rights rather than an order to act, as discussed in mandamus vs declaratory judgment. Courts require a specific, required action under Norton v. Southern Utah Wilderness Alliance. Agency interpretations receive less deference after Loper Bright and mandamus cases. Limits on challenging visa refusals are explained in Muñoz and consular nonreviewability. The government often invokes the INA 242 discretionary bar. It is useful to anticipate the government's mandamus defenses. Strategic considerations for venue are covered in choosing the right federal forum. If the government seeks a transfer, review venue transfer defense strategies. Courts measure delay using the TRAC unreasonable delay factors. The differences between the two claims are explained in APA claims versus mandamus.
Recent Decisions and Case Studies
Real outcomes help set realistic expectations. An international perspective is offered in the Italy and U.S. mandamus comparison. Decisions continue to evolve, as tracked in mandamus case law updates. Recent rulings are summarized in mandamus decisions from summer 2026. Influential rulings are discussed in notable cases in immigration mandamus. A permanent resident's dispute over abandonment is described in the I-407 mandamus case. Crime victims can learn from the U visa delay case study. A detailed example appears in the citizenship delay case study.
Mandamus in State Courts
State governments have their own versions of the writ. New Jersey residents can review prerogative writ actions in New Jersey. Texas practice is covered in the Texas writ of mandamus guide. Missouri follows its own procedure under Missouri Rule 94 mandamus. An overview of state writ of mandamus procedures explains how these remedies differ from federal suits. In New York the remedy is brought as an Article 78 proceeding.
Where to File: District-by-District Guidance
Local practice varies significantly among federal districts. Texas filers can consult Southern District of Texas mandamus guidance. Dallas-area applicants can see Northern District of Texas mandamus. New York City applicants can review mandamus in the Southern District of New York. Brooklyn, Queens and Long Island residents can review EDNY mandamus. For New Jersey cases, read mandamus in the D.N.J.. Connecticut residents can review mandamus in the D. Conn.. Filing in the capital is covered in mandamus in the District of Columbia. Detroit-area filings are discussed in mandamus in the E.D. Mich.. Compare local practice using mandamus outcomes by federal district.
Representation, Costs and Fees
Practical questions about cost and counsel often decide whether a case is filed. Free representation is discussed in pro bono mandamus help. Many clients ask whether to hire a separate attorney for mandamus. Immigration attorneys can partner through mandamus co-counsel arrangements. If you plan to file without a lawyer, read how to file mandamus pro se. Fee recovery is addressed in EAJA fees in mandamus cases.
Resources Across Our Legal Network
Immigration problems rarely stay in one lane. Our affiliated sites cover related areas of law in more depth, in English, Spanish and Italian.
Federal Writs and Delay Litigation
For writs against stalled agencies, visit mandamus.com. Additional analysis is available at Mandamus.net. Practical articles on litigation strategy appear at Mandamus.biz. For a quick overview, see mandamus.me. Current developments are covered at mandamus.live. Spanish-speaking readers can find guidance at Mandamus.es. For foundational material, visit writofmandamus.com. People in custody can find habeas resources at writofhabeascorpus.com.
Criminal Defense and Immigration Counsel
Our main collection of guides lives at CriminalImmigrationLaw.com. Finding the right advocate is the focus of CriminalImmigrationLawyer.com. Cybercrime and digital evidence issues are covered at ComputerCrime.net. For immigration matters in North Texas, see dallasimmigration.org. Legal news and analysis are published at LawAndOrders.us. Firms seeking support services can visit LawFirms.services. For animal law questions, see theanimallawcenter.com. Cross-border tax residency questions are addressed at TaxResident.net.
Citizenship, Visas and Italian-American Resources
Certificates of citizenship are explained at N600.com. Expeditious naturalization for children is covered at n600k.com. Consular reports of birth abroad are explained at CRBA.it. Italian citizenship by descent is the focus of Cittadinanza.com. U.S. visa information for Italian speakers is at VistiUSA.com. Entrepreneurs can learn about treaty and transfer visas at visto.business. Italian-language visa guidance is available at VistoAmericano.it. Italian-language immigration news is published at Immigrazione.com. Further explanations in Italian appear at Immigrazione.info. Italian readers can also consult immigrazione.us.
Attorneys in Our Network
Learn more about the attorney at simonebertollini.com. Additional resources are published at bertollini.org. Litigation services are described at Bertollini-OReilly.com. Italian-speaking clients can find counsel at Avvocato.co.
Every day you wait can change the outcome of your case.
Talk to a criminal immigration attorney today — no cost, no obligation.