Representatives of at least four organizations will testify before the City Council about the New York City Police Department's negligence in providing the certifications to victims of domestic violence who have cooperated with the Department to obtain a 'U' visa.

Issuance of a 'U' visa requires signatures from certain governmental agencies, such as the County Attorney's office where the violence occurred, or from the NYPD for cases where the criminal has not been arrested. Although numerous cases have been presented, the Police Department has signed off on only one case since 2007.

"We know they take domestic violence seriously, so this makes no sense," said Avideh Moussavian, a lawyer for the organization Sanctuary for Families.

One case involves a female Mexican immigrant who was sexually, physically and emotionally abused by her husband. In 2008, she decided to charge him and succeeded in getting an order of protection. Nevertheless, her husband violated the order and went to her apartment. Maria notified the police, but her husband was not arrested.

"The NYPD did not do its job, so we're now in the situation where they need to sign the certification; otherwise, the certification would already be at the Attorney General's office. Thank God Maria is alive, hidden at a refuge with her four children, but she no longer trusts the police. We can't believe their failure to arrest him either. Maria cooperated with the Police, and now she can't apply for her temporary protection visa. The Attorney General's office often signs these certifications in a single day. With the police sometimes we have to wait more than 10 months," explained Caroline Hardenbol, who will testify for Sanctuary for Families.

The organization explained that the Police Department has established a very complicated certification protocol wherein the victim must demonstrate that she has suffered "substantial abuse; however, the victim doesn't have the wherewithal to make that determination. That's why there are social workers and organizations like ours. All the NYPD should be doing is verifying whether the victim cooperated with them or not," she added. Unlike other agencies that have several persons designated to sign off on the certifications, at the NYPD only Commissioner Raymond Kelly can sign off.

Hannah Shapiro, who will testify representing the Legal Aid Society, comments that concerned organizations can understand the NYPD's lack of interest to protect the crime victims who cooperate with them; she points out that Police departments in Chicago, Los Angeles, Austin and San Francisco sign certifications without any problems. The same goes for other New York City agencies. "We really do not understand why they are putting up these obstacles," she said.

Yolanda Jiménez, commissioner of the City's Office to Combat Domestic Violence, stated, "We continue to focus our efforts on ensuring that immigrant victims of domestic violence get the services they need without regard to their language skills or their immigration status." The commissioner will also testify on behalf of these victims.

The NYPD did not respond to our queries.

The "U" Visa

The 'U' visa provides temporary protection to a non-citizen victim of certain serious crimes such as domestic violence by allowing her to reside in the country for four years. Victims of violent crimes, like domestic violence, who cooperate with Police investigations, may apply for the visa.