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Vice Chair Castillo Laughton stated the existing policy already incorporated the <br /> federal definition and asked whether improving the definition of"helpfulness"in the <br /> policy would be beneficial. <br /> Allyssa Scheyer confirmed. <br /> Discussion ensued regarding qualifying crime examples. <br /> Deputy Chief Roland Andrade stated the only federal crime explicitly categorized <br /> as a felony or misdemeanor is assault, for crimes like domestic violence or extortion <br /> federal law does not differentiate between misdemeanor and felony charges. <br /> Chair Carpenter asked how the U-Visa process is initiated when the crime is <br /> considered a misdemeanor. <br /> Allyssa Scheyer stated the applicant makes the first contact often through the <br /> immigration hotline where the individual is referred to legal services for the U-Visa <br /> process. <br /> Vice Chair Castillo Laughton asked whether a denied request for a certification <br /> decision could be reviewed. <br /> Allyssa Scheyer explained there is an option to request for the case to be reviewed <br /> by a supervisor but applicants that do not have an attorney may not know and if the <br /> case is denied by Department of Homeland Security (DHS) there is an appeal <br /> process that does not involve SAPD. <br /> Chair Carpenter asked for clarification regarding the time it takes for DHS to review <br /> the U-Visa application and whether an applicant is still at risk of deportation. <br /> Allyssa Scheyer stated there is an initial review of about two years however an <br /> ultimate decision could take about eight or nine years and the applicant is still at <br /> risk of deportation during this process. <br /> Commissioner Vega asked whether the risk of deportation is after the application is <br /> denied or during the application process. <br /> Allyssa Scheyer stated there is a risk of deportation during the application process <br /> and after the denial. <br /> Commissioner Perea stated the policy does not include the federal requirement for <br /> the victim to have information of the criminal activity, asked whether the policy is in <br /> compliance with state law and what the approval rate of the certification is, and <br /> requested examples of cities with U-Visa policies the commission could use as a <br /> reference. <br /> Sabrina Rivera and Allyssa Scheyer stated a periodic review would help ensure the <br /> policy's ongoing compliance with state laws, spoke regarding the approval rate <br /> fluctuation, and recommended the City of Oakland and the Los Angeles District <br /> Attorney's office U-Visa policies as references. <br /> POLICE OVERSIGHT COMMISSION 9 JULY 10, 2025 <br />