                                 CODE OF VIRGINIA

CERTIFICATIONS FOR VICTIMS OF QUALIFYING CRIMINAL ACTIVITY (§ 9.1-1501)

A. A certifying official shall (i) respond to requests for completion of
certification forms received by the agency, as required by this section, and
(ii) make information regarding the agency&#8217;s procedures for certification
requests publicly available for victims of qualifying criminal activity and
their representatives.

B. Any person seeking completion of a certification form shall first submit a
request for completion of the certification form to any certifying official for
the certifying agency that detected, investigated, or prosecuted the criminal
activity upon which the request is based.

C. A request for completion of a certification form under this section may be
submitted by the victim of qualifying criminal activity or a representative of
the person seeking the certification form. Such representative of the person may
include an attorney, a licensed clinical social worker, a guardian ad litem, or
an employee of a crime victim and witness assistance program or a domestic
violence or sexual assault services provider.

D. Upon receiving a request for completion of a certification form, a certifying
official shall provide a response to the request within 120 days. Within such
time, the certifying official shall complete the certification except (i) if the
person making the request for completion of the certification form is in federal
immigration removal proceedings or detained, the certifying official shall
complete and provide the certification form to the person no later than 21
business days after the request is received by the certifying agency; (ii) if
the twenty-first birthdate of the applicant&#8217;s children or the eighteenth
birthdate of the applicant&#8217;s sibling is within 120 days of the date of the
request, the certifying official shall respond within 30 days; (iii) if the
person&#8217;s children, parents, or siblings under clause (ii) would become
ineligible for benefits under 8 U.S.C. &#xA7; 1184(p) and 1184(o) in less than
21 business days of receipt of the certification request, the certifying
official shall complete and provide a certification form to the person within
seven days; or (iv) a certifying official may extend the time period by which it
must complete and provide the certification form to the person as required under
this subsection upon written agreement with the person or person&#8217;s
representative. If the certifying official cannot determine whether the
applicant is a victim of qualifying criminal activity or determines that the
applicant does not qualify, the certifying official shall provide a written
explanation to the person or the person&#8217;s representative setting forth
reasons why the available evidence does not support a finding that the person is
a victim of qualifying criminal activity.
			Requests for expedited completion of a certification form under clause (i),
(ii), or (iii) shall be affirmatively raised by the person or that
person&#8217;s representative in writing to the certifying agency and shall
establish that the person is eligible for expedited review.

E. A certifying official who issued an initial certification form shall complete
and reissue a certification form within 90 business days of receiving a request
from a victim to reissue the certification form. If the victim seeking
recertification has a deadline to respond to a request for evidence from United
States Citizenship and Immigration Services, the certifying official shall
complete and issue the form no later than 21 business days after the request is
received by the certifying official. Requests for expedited recertification
shall be affirmatively raised by the victim or victim&#8217;s representative in
writing and shall establish that the victim is eligible for expedited review. A
certifying official may extend the deadline by which he will complete and
reissue the certification form only upon written agreement with the victim or
victim&#8217;s representative.

F. Notwithstanding any other provision of this section, a certifying
official&#8217;s completion of a certification form shall not be considered
sufficient evidence that an applicant for a U or T visa has met all eligibility
requirements for that visa, and completion of a certification form by a
certifying official shall not be construed to guarantee that the victim will
receive federal immigration relief. It is the exclusive responsibility of
federal immigration officials to determine whether a person is eligible for a U
or T visa. Completion of a certification form by a certifying official merely
verifies factual information relevant to the federal immigration benefit sought,
including information relevant for federal immigration officials to determine
eligibility for a U or T visa. By completing a certification form, the
certifying official attests that the information is true and correct to the best
of the certifying official&#8217;s knowledge. No provision in this chapter
limits the manner in which a certifying official or certifying agency may
describe whether the person has cooperated or been helpful to the agency or
provide any additional information the certifying official or certifying agency
believes might be relevant to a federal immigration officer&#8217;s adjudication
of a U or T visa application. If, after completion of a certification form, the
certifying official later determines that the person was not the victim of
qualifying criminal activity or the victim unreasonably refuses to assist in the
investigation or prosecution of the qualifying criminal activity of which he is
a victim, the certifying official may notify United States Citizenship and
Immigration Services in writing.

G. A certifying official or agency receiving requests for completion of
certification forms shall not disclose the immigration status of a victim or
person requesting the certification form, except to comply with federal or state
law or a legal process or if authorized by the victim or person requesting the
certification form.

HISTORY: 2021, Sp. Sess. I, c. 468.