U-Visa Information
What is a U-Visa?
U-Visas require cooperation by victims to provide an opportunity for victims to obtain temporary legal status and protection against deportation. A U-Visa strengthens the capability of law enforcement agencies to detect, investigate, and prosecute violent crimes (domestic violence, sexual assault, human trafficking, etc.) while offering protection to the victims.
U-Visa Eligibility & Legal Requirements
In order to qualify for a U-Visa, non-citizen victims must meet the following requirements:
- Suffered substantial physical or mental abuse as a result of having been a victim of a qualifying criminal activity
- Possess information concerning such criminal activity
- Has been helpful, be helpful, or is likely to be helpful in the investigation or prosecution of a crime
- The crime occurred in the United States or violated a U.S. federal law
Qualifying Crimes
Includes one(1) or more of the following violations of federal, state, or local criminal law:
| Rape | Torture | Trafficking | Incest |
| Domestic violence | Sexual assault | Abusive sexual conduct | Prostitution |
| Sexual exploitation | Being held hostage | Peonage | Perjury |
| Involuntary servitude | Slave trade | Kidnapping | Abduction |
| False imprisonment | Blackmail | Extortion | Manslaughter |
| Murder | Felony assault | Witness tampering | Obstruction of justice |
| Female genitalia mutilation | Unlawful criminal restraint |
***Solicitation, attempts, or conspiracy to commit any of the listed activities listed above.
Cooperation
Defined as follows: (Title 8, Section 214.14 (b)(3) of the Code of Federal Regulations):
The non-citizen victim “has been helpful, is being helpful, or is likely to be helpful to a certifying agency in the investigation or prosecution of the qualifying criminal activity upon which is his or her petition is based, and since the initiation of cooperation, has not refused or failed to provide information and assistance reasonably requested.”
Victims who cooperate but later refuse or fail to provide information and assistance when reasonably requested are excluded from eligibility.
- In the event the non-citizen victim is under 16 years old (when the qualifying criminal activity first occurred), there may be a parent, guardian, or next friend present for assistance
- If the non-citizen victim is incapacitated or incompetent (unable to be helpful), then a parent, guardian, or next friend may provide assistance
Law Enforcement's Role
The U-Visa application process requires non-citizen victims to obtain certification by an approved certifying agency that verifies the applicant is the victim of a qualifying criminal activity and is being/likely to be helpful in the investigation or prosecution of said criminal activity.
Prosecution is not required for the victim to be eligible for a U-Visa.
Procedures
The Chief of Police or designee signs and certifies U-Visa certifications (I-918 Supplement B, U Nonimmigrant Status Certification).
The Investigations Bureau, Criminal Investigations Division (CID) is responsible for the handling of U-Visa certifications.
Submission Steps
- All U-Visa certification applicants are directed to the Records Section to obtain police reports.
- The requestor is required to submit the following:
- I-918 Supplement B, U Nonimmigrant Status Certification document, fully completed with all necessary information. Leave Section 2, Agency information blank
- his/her contact information
- a copy of the police report listing him/her as a victim
- a self-addressed, postage paid return envelope
- The Records Section forwards information to the CID for review and disposition
**The UCSCIS of the DHS has sole jurisdiction over adjudication of U-Visa petitions
Criteria & Policy for Certification
- All U-Visa requests for (a) involving an arrest or (b) that were submitted to the Orange County District Attorneys Officer (OCDA) for filing purposes may be referred to the OCDA for disposition certification
- CID will contact the victim and direct them to the OCDA where the head of court will review the request
- The OCDA is often the more appropriate agency to review certification requests for these types of cases because it can better assess the victim’s cooperativeness through the entire prosecution phase
- All other requests will be reviewed independently by CID
- CID will objectively determine if the victim meets the qualifications outlined in “U-Visa Eligibility & Legal Requirements”
- P.C. Section 679.10 states the certifying official shall process an I-918 Supplement B form within 30 days of the request
- If the non-citizen is in removal proceedings, the certification shall be processed within 7 days of the request
- CID will provide a report (containing the number of signed/denied victims that requested an I-918 Supplement B certification) to the California State Legislature
- Commencing January 1, 2017 and annually thereafter
- The report shall comply with Government Code section 9795
- Department members are prohibited from disclosing the immigration status of a victim/person requesting the I-918 Supplement B certification
- With the exception of compliance to federal law or legal process or authorization of the victim/person requesting the I-918 Supplement B certification