Call Us Now
Email Us Now
Inland Empire residents often face challenges at the intersection of local law and federal immigration policies. In cities like Riverside and San Bernardino, many fear reporting crimes due to their immigration status. The U-Visa exists to encourage victims of serious crimes to assist law enforcement without fearing deportation.
If you have been a crime victim in California, understanding the qualifying crimes can help you determine your eligibility for this protection. We believe everyone deserves safety and justice, regardless of their background.
The Purpose of the U-Visa Under Federal and State Law
Established by the Victims of Trafficking and Violence Protection Act of 2000, the U-Visa provides legal status to victims of specific crimes who suffered abuse and assisted law enforcement. Per USCIS guidance, it can eventually lead to lawful permanent residency.
California law, specifically Penal Code § 679.10, requires local agencies to sign U-Visa certifications (Form I-918, Supplement B) for helpful victims of qualifying crimes.
Qualifying Crimes for a U-Visa in California
To qualify for a U-Visa, the victim must have suffered a qualifying criminal activity that violated U.S. law or occurred in the United States. Although the federal government sets the master list, California’s specific penal codes often determine how local police departments in the Inland Empire document and charge these crimes.
The general categories of qualifying crimes include:
- Domestic Violence and Sexual Assault
- Involuntary Servitude and Kidnapping
- Felonious Assault and Manslaughter
- Extortion and Blackmail
- Obstruction of Justice and Perjury
Many of these crimes overlap with workplace safety and employee rights. For example, if a worker is held in a job against their will or threatened with violence, this may qualify as forced labor or involuntary servitude. Cases involving a person injured on the job who is also a victim of criminal negligence or assault by an employer often create a complex legal situation involving both workers’ compensation and immigration law.
Violence and Sexual Crimes
Sexual assault and domestic violence are common qualifying crimes for U-Visa applicants in California. Specifically, inflicting corporal injury on a spouse or cohabitant is illegal under California Penal Code § 273.5. Victims of these and other violent crimes—including rape, incest, torture, and female genital mutilation—are often eligible for U-Visa status if they cooperate with local law enforcement, like the Riverside or San Bernardino County Sheriff’s Departments. California law provides specific protections for these victims, including maintaining privacy during the investigation while they seek the certification required for their immigration petition.
Crimes Involving Restraint and Fraud
Human trafficking and kidnapping are severe offenses that qualify a victim for a U-Visa. Given the Inland Empire’s major transit corridors, law enforcement remains vigilant against trafficking operations. Being moved against your will, held through fraud, or coerced may qualify you as a victim.
False Imprisonment under California Penal Code § 236 also qualifies. These crimes often happen in labor exploitation cases, especially when an employer uses threats of deportation to keep a worker in a dangerous environment, which may allow the worker to seek legal status through the U-Visa process.
The Requirement of Helpfulness
To secure a U-Visa, a victim must demonstrate cooperation with authorities, meaning they cannot refuse to provide information or to testify if asked by a prosecutor. In California, the law presumes a victim is being helpful unless there is documented evidence they refused reasonable assistance.
While local police and District Attorneys in the Inland Empire are familiar with U-Visa certifications (Supplement B forms), the process remains technical and varies by agency. Having a legal representative who understands both the criminal and immigration aspects can simplify this process.
Intersection of Workers’ Comp and Immigration
To secure a U-Visa, a victim must demonstrate cooperation with authorities, meaning they cannot refuse to provide information or to testify if asked by a prosecutor. In California, the law presumes a victim is being helpful unless there is documented evidence they refused reasonable assistance.
While local police and District Attorneys in the Inland Empire are familiar with U-Visa certifications (Supplement B forms), the process remains technical and varies by agency. Having a legal representative who understands both the criminal and immigration aspects can simplify this process.
How to Start the Process
The first step in any U-Visa case is obtaining the certification from the law enforcement agency that investigated the crime. This could be the Fontana Police Department, the Sheriff’s Department’s Moreno Valley station, or any other local agency. Once that certification is signed, the victim must file a petition with USCIS, including a personal statement describing the criminal activity and the harm suffered.
Wait times for U-Visas are currently long due to annual caps set by Congress. But, once an application is deemed bona fide, applicants may be eligible for work authorization and deferred action, which provides temporary protection from deportation. This bridge to legal status allows families in our community to stay together while they wait for their permanent visas.
Seek Guidance from Espinoza Law Group
Navigating the aftermath of a crime is difficult, especially when your future in the United States feels uncertain. We provide a bridge between the legal system and the community, offering bilingual services that address both immigration needs and workplace injury claims. Our team understands how these two areas of law often collide for workers in the Inland Empire.
We offer free case screenings for most matters; however, immigration-specific consultations are subject to a separate fee structure. If you believe you were a victim of a qualifying crime or were injured at work under criminal circumstances, reach out to us. We are here to listen to your story and help you understand your options under California law. Call us today at 213-667-0701 to speak with someone who understands your situation.
.png){kind=small}