(A) A certifying agency shall execute any certification requested by any victim of qualifying criminal activity or representative of the victim including, but not limited to, the victim’s attorney, accredited representative, or domestic violence service provider, within 90 days of receiving the request. If the victim seeking certification is in the federal immigration removal proceedings, the certifying agency shall execute the certification no later than 14 days after the request in received by the agency. If the victim or the victim’s children would lose any benefits under U.S.C. Title 8 §§ 1184(p) and 1184(o) by virtue of having reached the age of 21 years within 90 days after the certifying agency receives the certification request, the certifying agency shall execute the certification no later than 14 days before the date on which the victim or child would reach the age of 21 years. Requests for expedited certification must be affirmatively raised by the victim.
(B) If a certifying agency fails to certify within the time limit prescribed in division (A) above, or a victim of qualifying criminal activity disputes the content of a certification, then the victim of qualifying criminal activity may bring an action in circuit court to seek certification or amend the certification. The court shall award court costs and reasonable attorneys’ fees to any person who brings a proceeding brought pursuant to this subsection who prevails.
(C) The head of each certifying agency shall perform, or designate an agent, who performs a supervisory role within the agency, to perform the following responsibilities:
(1) Responds to requests for certifications;
(2) Provide outreach to victims of qualifying criminal activity to inform them of the agency’s certification process; and
(3) Keep written records of all certification requests and responses.
(D) All certifying agencies shall implement a language access protocol for non-English speaking victims of qualifying criminal activity.
(E) A certifying agency shall reissue any certification within 90 days of receiving a request from the victim of qualifying criminal activity or representative of the victim including, but not limited to, the victim’s attorney, accredited representative, or domestic violence service provider.
(F) Notwithstanding any other provision of this section, a certifying agency’s completion of a certification shall not be considered conclusory evidence that the victim has met eligibility requirements for a U or T visa and completion of a certification by a certifying agency shall not be construed to guarantee that a victim will receive federal immigration relief. It is the exclusive responsibility of federal immigration officials to determine whether a victim of qualifying criminal activity is eligible for a U or T visa. Completion of a certification by a certifying agency merely verifies factual information relevant to the immigration benefit sought including information relevant for federal immigration officials to determine eligibility for a U or T visa. By completing a certification, the certifying agency attests that the information is true and correct to the best of the certifying official’s knowledge. If after completion of a certification, the victim unreasonably refuses to assist in the investigation or prosecution of the qualifying criminal activity of which he or she is a victim, then the certifying agency may notify the United States Citizenship and Immigration Service in writing.
(Ord. 17-0010, passed 6-26-2017)