SoCal Immigration Services | Immigration Document Preparation in Southern California

Quick Answer

Arab immigrants in Fullerton who have been victims of serious crimes may qualify for the U visa — a form of immigration relief that provides legal status, work authorization, and eventually a path to a green card. Many crime victims in the Arab community hesitate to report crimes or cooperate with law enforcement due to fear of deportation or immigration consequences. The U visa was specifically created to address this problem, encouraging victims to assist law enforcement while providing them with meaningful immigration protection.

Reviewed for accuracy by

Maria Santos

DOJ Accredited Representative • 15+ years experience

What Is the U Visa?

The U nonimmigrant visa was created by Congress in 2000 through the Victims of Trafficking and Violence Protection Act. It is designed to protect victims of certain qualifying crimes who have suffered substantial physical or mental abuse and who assist law enforcement in the investigation or prosecution of the crime.

The U visa provides temporary legal status for up to four years, employment authorization (work permit) for the duration of your status, protection from deportation while your U visa is valid, the ability to apply for permanent residence (green card) after three years in U status, and the ability to include certain qualifying family members as derivative beneficiaries.

Congress set an annual cap of 10,000 U visas per year (not counting derivatives). Due to high demand, there is currently a significant waitlist. However, applicants who pass an initial review receive a "bona fide determination" that grants them deferred action and work authorization while they wait for a visa number to become available.

Qualifying Crimes for the U Visa

You must be a victim of one or more qualifying criminal activities to be eligible for the U visa. The following table lists the crimes specified by statute:

Crime Category	Specific Crimes Included	Notes
Crimes Against the Person	Domestic violence, sexual assault, rape, murder, manslaughter, kidnapping, abduction, torture	Includes attempts and conspiracies to commit these crimes
Sexual Crimes	Prostitution, sexual exploitation, female genital mutilation, incest	Includes being forced or coerced into these activities
Labor and Trafficking Crimes	Involuntary servitude, slave trade, trafficking, peonage, forced labor	Covers both sex trafficking and labor trafficking
Obstruction Crimes	Witness tampering, obstruction of justice, perjury (when victim is affected)	Applies when these crimes are related to qualifying criminal activity
Fraud and Coercion	Fraud in foreign labor contracting, blackmail, extortion	Includes threats and coercion related to immigration status
Other Qualifying Crimes	Stalking, felonious assault, being held hostage, false imprisonment	Includes any similar activity where the nature of the crime is substantially similar

The Four Requirements for U Visa Eligibility

To qualify for a U visa, you must meet all four of these requirements simultaneously. Missing even one element makes you ineligible.

•You must be a victim of a qualifying criminal activity that occurred in the United States or violated U.S. law
•You must have suffered substantial physical or mental abuse as a result of being a victim of the qualifying crime
•You must have information about the criminal activity — if you are under 16 or incapacitated, a parent, guardian, or next friend may possess the information on your behalf
•You must have been helpful, are currently being helpful, or are likely to be helpful to law enforcement, prosecutors, judges, or other authorities in the detection, investigation, or prosecution of the criminal activity
•The criminal activity violated the laws of the United States or occurred in the United States, including Indian country and military installations, or the territories and possessions of the United States
•You are admissible to the United States — if you are inadmissible, you may apply for a waiver using Form I-192

Law Enforcement Certification: Form I-918 Supplement B

The law enforcement certification is the most critical piece of evidence in your U visa application. Form I-918 Supplement B must be signed by a certifying agency confirming that you were a victim of a qualifying crime and that you were helpful, are being helpful, or are likely to be helpful in the investigation or prosecution.

Certifying agencies include local police departments (such as the Fullerton Police Department), county sheriff's offices, district attorneys, the FBI, ICE, USCIS, state and federal prosecutors, and judges. The Fullerton Police Department has a process for reviewing U visa certification requests, and many Orange County law enforcement agencies regularly certify for victims who cooperated.

The certification must be signed by the head of the certifying agency or a designated official. It must describe the criminal activity, confirm your victim status, and state that you have been helpful. The certification is valid for six months from the date of signature, so timing your I-918 petition filing is important.

If a law enforcement agency refuses to certify, you may request certification from another qualifying agency involved in the case, such as the district attorney's office or a federal agency. There is no legal requirement for agencies to certify, but many do so as a matter of policy.

The Bona Fide Determination and Deferred Action

Because of the 10,000 annual cap on U visas and the large number of pending applications, USCIS created the bona fide determination (BFD) process to provide interim relief to qualifying applicants.

When USCIS reviews your U visa petition and determines that it is bona fide — meaning it meets initial eligibility criteria and is not fraudulent — you receive deferred action status. Deferred action means that USCIS will not initiate removal proceedings against you, and you are eligible for employment authorization.

With a BFD, you receive a work permit (EAD) and protection from deportation while you wait for a U visa number to become available. The current wait for a U visa number after receiving a BFD can extend 5 to 8 years due to the backlog. During this time, you maintain lawful presence in the United States and can renew your work permit annually.

The BFD process significantly improved the situation for U visa applicants. Previously, applicants waited years with no status and no work authorization. Now, once USCIS makes a positive BFD, you gain meaningful protection and the ability to work legally.

Work Authorization and Employment Rights

U visa holders and those with bona fide determinations are authorized to work in the United States. Your EAD card allows you to work for any employer in any industry without restriction.

When you receive your U visa, USCIS issues an EAD automatically. For BFD recipients, USCIS issues an initial EAD that is typically valid for one year and must be renewed. File your renewal application (Form I-765) well before expiration to ensure continuous work authorization.

With your EAD, you can apply for a Social Security Number, obtain a California driver's license, and build a work history that will support your eventual green card application. Employers cannot discriminate against you because you hold a U visa-based EAD rather than a green card or citizenship. Under California law, employers are prohibited from threatening immigration-related retaliation against workers who exercise their rights.

Family Members: Derivative U Visa Beneficiaries

The U visa allows you to include certain family members as derivative beneficiaries, providing them with the same immigration protection and work authorization.

•If you are under 21 years old: you can include your spouse, children, parents, and unmarried siblings under 18
•If you are 21 years or older: you can include your spouse and children under 21
•Derivative family members receive their own U visa status and work authorization
•Family members do not need to have been victims of the crime themselves
•Family members must be admissible to the United States or qualify for a waiver of inadmissibility
•Derivative family members can also apply for adjustment of status to permanent residence after three years
•If a family member is abroad, they can apply for a U visa at a U.S. consulate
•Derivative petitions are filed on Form I-918 Supplement A along with the principal's I-918 petition

Path to a Green Card After Three Years

One of the most valuable aspects of the U visa is the path to permanent residence. After holding U visa status for three continuous years, you can apply for adjustment of status to become a lawful permanent resident (green card holder).

To qualify for adjustment under the U visa program, you must have been physically present in the United States for a continuous period of at least three years while in U nonimmigrant status, you must not have unreasonably refused to cooperate with law enforcement since receiving U status, and USCIS must determine that your continued presence in the United States is justified on humanitarian grounds, to ensure family unity, or is otherwise in the public interest.

The adjustment application is filed on Form I-485 with evidence of your continuous physical presence, proof of three years in U status, and any additional evidence of cooperation with law enforcement. There is no requirement to maintain contact with the original certifying agency after your initial certification, but continued cooperation strengthens your adjustment case.

Derived family members can also adjust status based on the principal U visa holder's application.

Confidentiality Protections for U Visa Applicants

Congress included strong confidentiality protections for U visa applicants and petitioners. These protections are critical for Arab immigrants in Fullerton who fear that seeking immigration relief could expose them to further danger or retaliation.

Under 8 U.S.C. Section 1367, the Department of Homeland Security is prohibited from disclosing information about U visa applicants to anyone not authorized to receive it. This means ICE cannot use your U visa application information to initiate removal proceedings against you. Law enforcement cannot share your immigration information with the perpetrator of the crime. USCIS must keep your application files confidential from unauthorized third parties.

These protections extend to the entire process — from filing the petition through adjustment of status. If any government official violates these confidentiality provisions, they face disciplinary action. This legal framework ensures that crime victims can come forward without fear that their immigration status will be used against them.

How SoCal Immigration Services Helps Crime Victims in Fullerton

Our Arabic-speaking team provides compassionate, confidential assistance to crime victims in Fullerton who may qualify for the U visa. We understand that reporting a crime and navigating the immigration system simultaneously creates enormous stress, especially for Arab families dealing with cultural stigma around certain types of victimization.

We help you obtain the law enforcement certification by working directly with the Fullerton Police Department and Orange County law enforcement agencies. We prepare your complete I-918 petition package with thorough documentation of the crime, your cooperation, and the abuse you suffered. For applicants who have barriers to admissibility, we prepare waiver applications on Form I-192.

Throughout the process, we maintain strict confidentiality and provide all services in Arabic and English. We also connect clients with victim advocacy organizations, counseling services, and legal aid in the Fullerton area. Your safety and privacy are our highest priorities.

FAQFrequently Asked Questions

Q:Can I apply for a U visa if I am undocumented?

A: Yes. The U visa is available regardless of your current immigration status. You can apply whether you are undocumented, have overstayed a visa, or are in removal proceedings. If you have grounds of inadmissibility, you can file a waiver application (Form I-192) with your U visa petition.

Q:What if the crime happened years ago — can I still apply?

A: Yes. There is no statute of limitations for filing a U visa petition. However, you still need to obtain a law enforcement certification (Form I-918B), which can be more difficult for older cases. Some agencies may decline to certify if the case is closed and there is no active investigation. Contact us to evaluate your specific situation.

Q:Will the person who committed the crime find out I applied for a U visa?

A: No. Federal law prohibits disclosure of U visa applicant information to unauthorized parties, including the perpetrator of the crime. The confidentiality protections in 8 U.S.C. Section 1367 are specifically designed to protect victims from retaliation.

Q:How long does the entire U visa process take?

A: The total process from filing to a green card currently takes 8 to 12 years due to the annual cap and backlog. After filing, you may receive a bona fide determination within 1 to 2 years, which provides work authorization and deferred action. After receiving U visa status, you must wait three years before applying for a green card.

Q:Do I need a police report to apply for a U visa?

A: A police report is strong evidence but not absolutely required. The essential document is the law enforcement certification (Form I-918 Supplement B). If you did not file a police report at the time of the crime, you can still request certification from the relevant agency. However, having a police report significantly strengthens your case.

Q:Can I include my parents as derivative beneficiaries on my U visa?

A: Only if you are under 21 years old at the time of filing. If you are 21 or older, you can only include your spouse and children under 21 as derivatives. Parents of adult U visa petitioners are not eligible for derivative status.

Disclaimer: This article provides general information about immigration services in Fullerton and does not constitute legal advice. SoCal Immigration Services is a document preparation company, not a law firm. For legal advice specific to your situation, please consult with a licensed immigration attorney.

Published: February 6, 2026Last Updated: February 6, 2026

Crime Victim? You May Qualify for Immigration Relief

Our Arabic-speaking team in Fullerton provides confidential U visa consultations for crime victims. We help you obtain law enforcement certification and file your petition. Call (714) 421-8872.

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U Visa for Crime Victims in Fullerton: Protection and Immigration Relief for Arab Immigrants