§ 21-3802. Duties of Certifying Agencies.
(1) Certifying Agencies have the following duties:
(a) Respond to an Applicant’s request for a U-Visa or T-Visa Certification within ninety (90) days.
(b) Develop a protocol for responding to requests for U-Visa or T-Visa Certifications. The protocol must be publicly accessible on the Certifying Agency’s website. The protocol should be developed in collaboration with a subject matter expert on certification forms and crimes against immigrants.
(c) Ensure confidentiality of an Applicant’s immigration status. A Certifying Agency may not disclose the immigration status of an Applicant to anyone outside the Certifying Agency, except to an Applicant’s legal representative, to comply with Federal law, or as authorized by the Applicant.
(d) Complete the U-Visa or T-Visa Certification if it is determined that the Applicant:
(.1) was a victim of Qualifying Criminal Activity;
(.2) possesses information about the Qualifying Criminal Activity;
(.3) was helpful, is helpful, or is likely to be helpful to the Certifying Agency in the detection, investigation or prosecution of the Qualifying Criminal Activity.
(e) Provide an expedited response in twenty-one (21) days, if requested by the Applicant, and the Applicant or the Applicant’s legal representative affirmatively establishes that:
(.1) The Applicant is in a Federal removal proceeding or has a final order of removal.
(.2) The Applicant provides documentation that the Applicant, or the Applicant’s child or sibling would become ineligible for benefits under 8 U.S.C. § 1184(p) and (o) (relating to admission of non-immigrants) by virtue of the Applicant or the Applicant’s child becoming twenty-one (21) years or age, or the Applicant’s sibling becoming eighteen (18) years of age.
