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For victims of serious crimes in California, the aftermath can bring fear, trauma, and uncertainty. Without legal immigration status, the added worry of deportation can prevent victims from seeking help or reporting the crime, harming both them and public safety. We understand these worries are genuine and want to share a vital resource: the U Nonimmigrant Status, or U Visa. This federal immigration tool encourages cooperation with law enforcement, ensuring justice and providing a compassionate path forward for victims and their families.
This special visa provides temporary legal status, work authorization, and eventually, a way to apply for a Green Card. The U Visa is about justice and humanity working together.
What Are The U Visa’s Core Requirements?
The U Visa is a federal program helping crime victims in Southern California. To qualify, you must be a victim of a serious crime (e.g., domestic violence, sexual assault, human trafficking), have suffered significant physical or mental abuse as a result, and be helpful to law enforcement in investigating or prosecuting the crime.
The Critical Role of Certification in California Law
A U Visa is a crucial form of protection for crime victims, requiring certification from law enforcement. This certification, documented on USCIS Form I-918, Supplement B, confirms that the victim has been, or is being, helpful in investigating or prosecuting a qualifying criminal activity. In California, state law (Penal Code section 679.10) further supports this process by establishing a “rebuttable presumption” of helpfulness if the victim has not refused reasonable assistance requests from law enforcement. This means that, by default, a victim is considered helpful unless there is evidence to the contrary. Law enforcement agencies are mandated to process these certification requests promptly, with a deadline of 30 days. This timeframe is even shorter, at just seven days, if the victim is currently in deportation proceedings, highlighting the urgency and importance of these certifications for their legal status and safety.
Local Agencies and the Certification Process in Los Angeles County
Since the U Visa is tied to a criminal investigation, the certifying agency usually investigates or prosecutes the crime. In our area, this could be:
- The Glendale Police Department investigates crimes that happen within city limits.
- The Los Angeles County District Attorney’s Office (LADA) handles felony cases heard at courts like the Pasadena Courthouse or downtown Los Angeles.
- The appropriate City Attorney’s Office for misdemeanor crimes.
Successfully obtaining the certification depends heavily on presenting a clear, detailed case showing how the crime qualifies and documenting your cooperation. This often requires coordinating with the detectives and prosecutors handling the case, which can feel overwhelming to a victim trying to recover. We work with our clients to manage this complex process, ensuring all documentation highlights their helpfulness to the investigators.
What Happens After A U Visa Approval?
If USCIS approves your U Visa, you receive nonimmigrant status for up to four years, granting you legal permission to live and work in the U.S. and protecting you from deportation.
The U Visa offers a long-term goal. After holding U-1 status for three continuous years, you may apply for a Green Card (Lawful Permanent Residency) by filing Form I-485.
To move from a U Visa to a Green Card, you must show that you have not unreasonably refused to help with the crime’s investigation or prosecution and that your presence in the U.S. is justified on humanitarian grounds, to ensure family unity, or is in the public interest. This final step provides a genuine opportunity for healing, stability, and a new life without fear.
How Do U Visas Help Reunite Families?
Recognizing that a crime affects an entire family, the U Visa allows certain family members to apply for derivative status to join or remain with the victim in the U.S. This is a profound benefit designed to promote family unity.
Depending on the principal victim’s age, qualifying family members can include:
- Spouses
- Children (unmarried and under 21)
- Parents (if the principal victim is under 21)
- Unmarried siblings under 18 (if the principal victim is under 21)
Allowing a family to stay together is part of the compassionate design of the U Visa, acknowledging the emotional and logistical support needed during recovery.
Contact Our Compassionate U-Visa Lawyers Today
Navigating the U Visa process demands a deep understanding of federal immigration law and local California procedures. We approach every case recognizing we’re helping people who have endured trauma. Our team brings compassion and dedication to compiling evidence, managing certification requests with local authorities, and preparing the strongest possible petition for USCIS. We are here to help you move forward.
If you are a crime victim in Glendale, California, or surrounding communities, and believe a U Visa might offer stability and protection, we encourage you to seek legal advice. We can review your situation and determine your path. Learn more about how U-visas protect crime victims today.
Book a consultation with the Law Office of Nancy Reyes Guarderas, A.P.C., today. We commit our decades of experience and passion to your case. Call us today at 818-649-2720.
