You may be looking for a path to safety after surviving a crime. At Mendoza Law, we bring over 100 years of combined experience helping immigrant victims request U non-immigrant status, seek work authorization, and protect family members.
If you’re searching for a bold, clear way forward, our Long Beach U Visa lawyer can guide your next steps. We represent adults and children who have suffered a qualifying criminal activity and are willing to be helpful to police or prosecutors.
Our Long Beach humanitarian visa lawyer handles I-918 petitions, Supplement B certification requests, waivers of inadmissibility, work permits, and green card planning for clients. Call us today for a free consultation.
How the U Visa Protects Crime Victims
The U non-immigrant status gives you lawful status. While a petition is pending, USCIS may grant deferred action and a four-year work permit under the bona fide determination (BFD) process.
If your petition is approvable but the annual cap is met, USCIS may place you on the waiting list and grant deferred action and work authorization. After at least three years in U status, many applicants may apply for a green card.
You do not need to be in lawful status to apply. Congress designed this status specifically to protect victims regardless of their current immigration status. Our Long Beach immigration lawyers can help you through the application process.
Eligibility Requirements for U Status
To qualify, you must show that you:
- Suffered mental or physical abuse from a qualifying criminal activity.
- Experienced a crime that violated U.S. law or occurred in the United States, including territories/possessions, Indian country, or on a U.S. military installation.
- Have been or will continue to be helpful to law enforcement or prosecutors.
A signed law enforcement certification (Form I-918, Supplement B) is required for both BFD review and petition approval. USCIS cannot approve a U petition without this certification. Police, prosecutors, judges, and other authorized agencies may sign.
Helpfulness Defined
Providing assistance does not require a conviction of the perpetrator. Certifying agencies decide whether the victim’s cooperation is or was helpful. Examples of helpfulness may include:
- Filing a police report describing the crime.
- Answering follow-up questions or sharing evidence.
- Appearing in court if requested.
If safety concerns or relocation limit your contact with law enforcement, certifying officials may still determine that you have been helpful.
Qualifying Crimes and Helpful Evidence
Qualifying crimes include serious offenses that harm victims. They can be charged under state or federal law and may have different legal names. Common examples include:
- Domestic violence, sexual assault, or stalking.
- Felonious assault (or similar crimes).
- Kidnapping, abduction, or false imprisonment.
- Human trafficking or involuntary servitude.
- Extortion, blackmail, or witness tampering.
- Manslaughter or the murder of a family member.
Helpful evidence may include police reports, medical documentation, counseling records, photographs, or witness statements. Coordinating a timeline of events can clarify patterns of harm and demonstrate the impact of the crime.
The Role of Form I-918 and the Law Enforcement Certification
USCIS requires Form I-918, Supplement B certification to confirm the crime and your helpfulness. Without a valid certification, your U Visa petition cannot be approved. Supplement B is also required for bona fide review under USCIS protocols.
We coordinate with certifying agencies, which may include police, prosecutors, judges, or designated officials, to request the necessary form. Certifying agencies often have specific procedures we help navigate. If an older report or an incident from another jurisdiction is relevant, it may still support certification.
Cap, Waiting List, and Work Authorization
Each year, Congress sets a cap of 10,000 on U status approvals. This annual limit applies only to principal applicants; derivatives are not counted toward the cap. Because the cap is consistently met, most cases proceed via the BFD process or the waiting list before seeing final approval.
While waiting, applicants may be eligible for deferred action and work authorization to build stability while their case remains pending.
After approval and three years in U status, many applicants can apply to adjust their status and obtain a green card.
Derivative Family Members and Applicants Outside the U.S.
Derivative family members of U Visa applicants may qualify based on the principal applicant’s age:
- If under 21, you can petition for your spouse, children, parents, and unmarried siblings under 18.
- If 21 or older, eligible relatives include only your spouse and children.
Applicants outside the U.S. may also qualify for U status. After approval, they can undergo a consular process to obtain a U Visa and travel to the United States. However, deferred action and work authorization under the BFD process are not available until the applicant is physically present in the United States.
Waivers for Inadmissibility
Many inadmissibility grounds can be waived for U petitioners under INA 212(d)(14), using Form I-192. USCIS reviews these waivers on a case-by-case basis, allowing exceptions for unlawful presence, certain offenses, and other issues if justified by humanitarian grounds or public interests.
Strategies to strengthen your waiver request may include:
- Evidence of rehabilitation, such as counseling or community contributions.
- Family hardship, medical needs, or safety concerns.
Our firm carefully addresses any past immigration or criminal issues to support a complete and persuasive waiver package.
Confidentiality Protections for U Visa Applicants
USCIS enforces strict confidentiality regarding U Visa applicants. Federal confidentiality protections under 8 U.S.C. § 1367 prohibit DHS and DOJ from disclosing case details to perpetrators or unauthorized parties.
Our U Visa attorneys serving Long Beach prioritize safe mailing arrangements and redact sensitive information to protect you throughout the process. If safety concerns arise, we ensure the case aligns with your protection plan.
How Our U Visa Lawyer Serving Long Beach Helps
At Mendoza Law, we bring our 100+ years of combined experience to every U Visa case. Our services include:
- Filing Form I-918 and securing Supplement B certifications.
- Preparing declarations and collecting corroborating evidence.
- Drafting waiver requests for inadmissibility issues.
- Advocating for clients during BFD or requests for evidence.
- Guiding applicants through transitions to permanent residence.
Our U Visa lawyer serving Long Beach is here to help you every step of the way.
Talk to Us for Help From a Long Beach U Visa Attorney
If you or a loved one has experienced criminal activity and needs immigration protection, our Long Beach team is ready to help. We handle U Visa petitions from start to finish, including certifications, waivers, and green card filings.
Contact us today for a free, confidential consultation. Let us help you take the next step toward safety and stability.