What can I do if law enforcement refuses to sign the certification?
The law does not require law enforcement to sign certifications. So if you stop being helpful, or refuse to do something law enforcement asks you to do, they may refuse to fill out the certification. However, if you believe that the law enforcement agency is wrongfully refusing to sign the certification, your attorney can work with other attorneys, social workers, domestic violence advocates, and other community members to educate the law enforcement agency about the U visa program. Also, many states have passed laws that require law enforcement agencies to respond to your request for certification within a certain amount of time.1 Some states, like California, even say that law enforcement should assume that you were helpful to them as long as you have not refused or failed to provide assistance.2 If the law enforcement agency is breaking the law by refusing to respond to your request or sign your certification, your attorney may wish to contact ASISTA, a national non-profit organization, for help in teaching the law enforcement agency about the U visa.
1 See CLINIC’s “States with U Visa Certification Laws as of January 1, 2022”
2 See Immigrant Legal Resource Center’s Guide to State Laws on U Visa and T Visa Certifications