If you are a victim of a qualifying crime in Stockton, you may be eligible for protection through U.S. immigration laws. At Mendoza Law, we bring over a hundred years of combined experience to helping victims and eligible family members apply for a U non-immigrant status (U Visa).
Our Stockton U Visa lawyer is here to guide you through every step, from collecting evidence and obtaining law enforcement certifications to preparing applications and addressing waivers. Our Stockton humanitarian visa lawyers are committed to helping clients in Stockton, San Joaquin County, and throughout California.
Call today for a free consultation to learn more about the protections you may qualify for under the U Visa program.
Who Can Get a U Visa?
Victims of certain crimes may qualify for U status with U.S. Citizenship and Immigration Services (USCIS).
- Victim of a qualifying crime: You must have been a victim of a qualifying crime, such as domestic violence, sexual assault, felonious assault, or stalking.
- Substantial abuse: You must have suffered substantial physical or mental harm as a result of the crime.
- Helpfulness to law enforcement: You must have been helpful, are being helpful, or are likely to be helpful in the investigation or prosecution of the crime.
Our Stockton immigration lawyers can determine your eligibility for a U Visa and advocate for you.
Can Family Members Qualify?
Certain family members of principal U Visa applicants may qualify for derivative U status.
If the principal applicant is under 21, eligible family members include:
- A spouse
- Unmarried children under 21
- Parents
- Unmarried siblings under 18
If the principal applicant is 21 or older, eligible family members include:
- A spouse
- Unmarried children under 21
Each family member who qualifies must submit Form I-918A as part of their application.
Who Qualifies as an Indirect Victim?
In limited circumstances, certain family members may qualify as indirect victims. For example, indirect victims include:
- Family members of a minor who was the direct victim of a qualifying crime
- Family members of a victim who is deceased or incapacitated
If you are unsure whether these rules apply, our U Visa attorneys serving Stockton can help evaluate your case to determine eligibility.
Certification Requirements and Deadlines
A signed Form I-918, Supplement B, is required for all U Visa applications. This form must be signed by a certifying agency, such as:
- Law enforcement
- A prosecutor’s office
- A judge
USCIS must receive the completed U Visa petition within six months of the certification date on Supplement B. Acting promptly is important to avoid delays.
Protections and Work Authorization
U status provides important protections for victims both during the application process and after approval.
While the Case is Pending
While your case is pending, USCIS may issue deferred action along with a four-year work permit through the bona fide determination or placement on the waitlist. This provides temporary relief while your petition is being resolved.
After U Status is Approved
Once USCIS approves your U Visa, you are automatically authorized to work. No further applications for work permits are required while you maintain a U status.
Path to Permanent Residency
After holding U status for three years, you may apply for a green card under INA Section 245(m), provided that you meet all other requirements.
Annual Cap on U Visas
Congress limits the number of principal U Visas (U-1) issued each fiscal year to 10,000 applicants. This cap does not apply to derivative family members.
If your case qualifies but the annual cap has already been reached, you may be placed on the waitlist. Applicants on the waitlist may still receive deferred action and work authorization while waiting for a final decision.
How Our Stockton U Visa Attorneys Build Your Case
Preparing a successful application takes careful attention to detail and strong supporting evidence.
Certification Request
We assist with obtaining Form I-918, Supplement B, from law enforcement or another certifying agency. This is one of the most important elements of your case, as it confirms your helpfulness to the authorities.
Collecting Evidence
We help gather key records to support your application. These often include police reports, court records, medical documentation, counseling records, and personal declarations describing your harm and involvement with law enforcement.
Waivers for Inadmissibility
If you have past immigration violations or certain criminal convictions, we prepare Form I-192 to request a waiver. Strong waivers include evidence of rehabilitation, community ties, and proof of hardship.
What Evidence Can You Collect Now?
There are several documents you can start gathering today to assist with your case. These include:
- Police reports or incident numbers related to the crime.
- Court records, such as restraining orders or correspondence from a prosecutor.
- Medical records or therapy notes documenting harm.
- Photos of injuries sustained during the crime.
- Any proof of cooperation with law enforcement.
If you cannot access all of these records, don’t worry. We will work with you to fill gaps and explain any missing documentation in your application.
Local Considerations in Stockton
Agencies in Stockton apply specific procedures that we consider when preparing these cases. For example, police reports are usually obtained from the Stockton Police Department or the San Joaquin County Sheriff’s Office. Certifications may need to be requested from specific law enforcement agencies or units with designated liaisons.
Court records, such as restraining orders or prosecution documentation, are often accessed through the San Joaquin County Superior Court clerk’s office.
If you have relocated for safety, we can continue working with the original investigating agency or coordinate with other jurisdictions as needed.
Why Choose Our Stockton U Visa Attorneys?
At Mendoza Law, we are dedicated to providing consistent and thoughtful representation to victims of qualifying crimes. With over a hundred years of combined experience, our team offers:
- Clear guidance through the entire process.
- Careful preparation of certifications, waivers, and evidence.
- Trauma-informed communication and support for your safety and well-being.
- Assistance for derivative family members to ensure everyone eligible is protected.
Your safety and stability matter to us, and our Stockton U Visa attorneys work to secure the relief you qualify for under the law.
Call Us for a Free Consultation
If you or your family members may qualify for a U Visa, contact Mendoza Law today. Early preparation can make all the difference in collecting evidence and submitting a strong application.
Call now for a free consultation and learn more about how we can help you seek protection under the U Visa program.