Understanding the Judicial Role in U Visa Certification – Winter 2018

New publication available –

American Journal of Family Law

Kendall Niles, Veronica Thronson, and Leslye Oroloff, Understanding the Judicial Role in U Visa Certification, 31 Am. J. Fam. L. 208 (2018).

Based on the U visa statue, its legislative history, the U visa regulations and their regulatory history (preamble), and policies and publications on U visa and U visa certification issued by the U.S. Department of Homeland Security (DHS), this article discusses a judge’s role as U visa certifiers.  A review of published opinions on U visa certification by judges revealed many instances in which courts failed to consider give deference to DHS regulations and DHS’ published policies and guidance on U visa certification.  This article discusses judges’ roles as U visa certifiers and addresses common myths and misconceptions about U visa certification evidenced by a review of case law. The article directs readers to legally accurate information about U visa certification by judges, discusses the ways courts detect helpfulness, discusses the range of judicial officers who can certify, and discusses how courts can sign U visa certifications consistent with judicial ethics rules.

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