The Orange County District Attorney’s Office is committed to protecting the rights of all victims. The victimization of individuals, regardless of their immigration status, will not be tolerated and we as prosecutors are here to provide information about the resources available to victims.
There are certain instances in which victims of crime and/or witnesses who have cooperated with the prosecution of a crime may qualify for a temporary visa to allow an individual to stay in the United States for a pre-determined amount of time as allowed by law.
The Orange County District Attorney’s Office will assist law enforcement agencies with qualifying victims with the necessary paperwork to initiate that process. Below you will find the details of who qualifies for these particular visas. Please note, that the law does not allow District Attorneys any discretion in determining who qualifies for these visas.
If you have questions, you should consult with an attorney or contact the Public Law Center.
U Nonimmigrant Status (“U-Visa”)
A victim of certain qualifying criminal activity may qualify for “U-1 Nonimmigrant Status” by obtaining a “U-Visa.” To petition the United States Customs & Immigration Service (USCIS) for “U-1 Nonimmigrant Status,” you must file a Form I-918 Petition. Among other attachments required, you must include a Form I-918 Supp B.
The Form I-918 Supp B must be certified by a law enforcement agency or judicial officer. The Orange County District Attorney’s Office is a certifying law enforcement agency for Orange County Superior Court criminal cases which have been, or are being, prosecuted by this office.
In order for the OCDA to certify a I-918 Supp B request, the petitioner must:
- Be a victim[1] of qualifying criminal activity[2] that occurred in the U.S. or a U.S. territory;
- Have specific, credible and reliable information about the crime;
- Have been, is being, or is likely to be helpful regarding detection, investigation, prosecution, conviction or sentencing of the qualifying criminal activity;
- Have suffered substantial physical or mental abuse as a result of the crime; and
- Be admissible to the U.S.
A request for certification of the I-918 Supp B form can be submitted to the Orange County District Attorney’s Office by email at VisaRequest@ocdistrictattorney.gov. The email request must include an I-918 Supp B form that has been completed to the best of your ability. This form must be provided in a format that allows changes to be made to it at the time of certification without requiring the entire form to be retyped. The I-918 Supp B form must include a police report number and/or court case number. Failure to do so will result in a denial of your request for certification. You may also include any documents you would like considered. You must provide a mailing address where the original certification can be sent to you if signed.
A victim, who is under 21 years of age when the U-1 petition was filed, may petition for the admission of a U-4 parent or U-5 unmarried sibling under 18 years of age, if accompanying or following to join the victim, where other eligibility criteria are met.
A victim, who is over 21 years of age when the U-1 petition was filed, may petition for the admission of their spouse (U-2) and unmarried children under 21 years of age
(U-3), if accompanying or following to join the victim, where other eligibility criteria are met.
Certification of the I-918 Supp B form by the OCDA does not automatically guarantee eligibility for U Nonimmigrant Status. USCIS is solely responsible for determining whether the eligibility requirements are met. According to USCIS, there is a cap of 10,000 victims who can be issued U Nonimmigrant Status each fiscal year.
If you have questions about how to file this petition, you should consult with an attorney or contact the Public Law Center at https://www.publiclawcenter.org/immigration/.
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- Or indirect victim where there is a qualifying relationship such as parent of a minor victim or the direct victim is unable to assist law enforcement due to death or incapacitation. Bystanders who suffer unusually direct injury as a result of a qualifying crime may also qualify.
- Abduction, abusive sexual contact, blackmail, domestic violence, extortion, false imprisonment, felonious assault, female genital mutilation, fraud in foreign labor contracting, hostage, incest, involuntary servitude, kidnapping, manslaughter, murder, obstruction of justice, peonage, perjury, prostitution, rape, sexual assault, sexual exploitation, slave trade, stalking, torture, trafficking, witness tampering and unlawful criminal restraint.
T Nonimmigrant Status (“T-Visa”)
A victim of certain qualifying criminal activity may qualify for “T-1 Nonimmigrant Status” by obtaining a “T Visa.” To petition the United States Customs & Immigration Service (USCIS) for “T-1 Nonimmigrant Status,” you must file a Form I-914 Petition. Among other attachments, a Form I-914 Supp B must accompany the Petition.
The Form I-914 Supp B must be certified by a law enforcement agency. The Orange County District Attorney’s Office is a certifying law enforcement agency for Orange County Superior Court criminal cases which have been, or are being, prosecuted by this office.
In order for the OCDA to certify a I-914 Supp B request, the petitioner must:
- Demonstrate that he/she has been a victim of a severe form of human trafficking;
- Be physically present in the U.S. or a U.S. territory because of such trafficking;
- Have complied with: a) any reasonable request for assistance in the investigation or prosecution of acts of trafficking or b) investigation of a crime where acts of trafficking are at least one central reason for the commission of that crime, except when the individual is under the age of 18 years when victimized or is unable to cooperate with a request due to physical or psychological trauma;
- Establish he/she would suffer extreme hardship involving unusual and severe harm upon removal from the U.S.; and
- Be admissible to the U.S. or qualify for a waiver of any applicable grounds of inadmissibility.
A request for certification of the I-914 Supp B form can be submitted to the Orange County District Attorney’s Office (OCDA) by email at VisaRequest@ocdapa.org. The email request must include an I-914 Supp B form that has been completed to the best of your ability. This form must be provided in a format that allows changes to be made to it at the time of certification without requiring the entire form to be retyped. The
I-914 Supp B form must include a police report number and/or court case number. Failure to do so will result in a denial of your request for certification. You may also include any documents you would like considered. You must provide a mailing address where the original certification can be sent to you if signed.
A victim who is over the age of 21 years at the time of the T-1 application may apply for the admission of a spouse (T-2) or a child (T-3) if accompanying or following to join the victim, where other eligibility criteria are met.
A victim who is under the age of 21 years at the time of the T-1 application may apply for admission of a family member including a spouse (T-2), a child (T-3), a parent of the victim (T-4) or an unmarried sibling under the age of 18 years (T-5), if accompanying or following to join the victim, where other eligibility criteria are met and where the USCIS determines the petitioner faces a present danger of retaliation due to the victim’s escape from a severe form of trafficking or by cooperating with law enforcement.
Certification of the I-914 Supp B form by the OCDA does not automatically guarantee eligibility for T Nonimmigrant Status. USCIS is solely responsible for determining whether the eligibility requirements are met.
According to USCIS, there is a cap of 5,000 victims who can be issued T Nonimmigrant Status each fiscal year.
If you have questions about how to file this petition, you should consult with an attorney or contact the Public Law Center at https://www.publiclawcenter.org/immigration/.
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Disclaimer: This material is provided for informational purposes only. The information presented does not represent legal advice and does not represent a complete analysis of the topics presented. This information does not establish or create any attorney client relationship between any readers and any member of the Orange County District Attorney’s Office. Readers should conduct their own appropriate legal research or consult an attorney.