U-Visa Information

What is a U-Visa?

A U -Visa is a federal, non-immigrant visa designed for victims of certain crimes who have suffered substantial physical or mental harm and are or will be helpful to law enforcement. It allows eligible victims to remain in the U.S. temporarily—typically up to four years—with work authorization, and may be eligible to apply for permanent residency.

The Santa Ana Police Department (SAPD) adheres to all Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) policies and guidelines, as defined in the U Visa Law Enforcement Resource Guide (A DHS Publication which includes a helpful Quick Reference Guide). Individuals seeking information regarding eligibility, application requirements, or program details are encouraged to refer directly to the official USCIS guidelines for the most accurate and up-to-date information.

California Penal Code § 679.10; 8 Code of Federal Regulations (CFR) § 214.14, and 8 CFR § 245.24 establish a legal framework for the U-visa process. Additional guidance is available within the Department of Homeland Security’s U Visa Law Enforcement Resource Guide, available at here.

What does a U-Visa provide?

• Allows victim to stay in the U.S. legally for up to 4 years with work authorization
• Provides lawful status with a valid U‑Visa
• Enables certain family members (spouse, children, possibly parents/siblings) to apply for lawful status

The USCIS has sole jurisdiction over granting a U-Visa and the SAPD elects to participate as a certifying agency as described in the application process below.

Am I Eligible for a U-Visa?

By statute, non-citizen victims must meet five requirements to be eligible for a U-visa:

1. Have been the victim of a qualifying criminal activity that occurred in the United States or violated a U.S. federal law
2. Have suffered substantial physical or mental abuse as a result of having been a victim of a qualifying criminal activity
3. Possess information concerning such criminal activity
4. Have been helpful, be helpful, or is likely to be helpful in the investigation or prosecution of a crime
5. Be admissible to the United States (if not admissible, you must obtain a waiver).
   • SAPD does not have a role in determining admissibility.

Qualifying Crimes

Includes one(1) or more of the following violations of federal, state, or local criminal law:

Any similar activity in which the nature and elements of the criminal offenses are substantially similar to the list above. Includes: attempt, conspiracy, or solicitation to commit these crimes.

How to apply for a U-Visa

In order to apply for a U-visa, a non-citizen victim submits to U.S. Citizenship and Immigration Services (USCIS) a Form I-918 application; a Form I-918 Supplement B U Nonimmigrant Status Certification document; and supporting evidence, but not limited to relevant records or materials. Before the submission to USCIS, the applicant must have Form I-918 Supplement B signed and certified by an approved certifying agency, such as SAPD. Form I-918 Supplement B is available at www.santa-ana.org/u-visa-info/.

It is the SAPD’s responsibility to review all I-918 Supplement B forms submitted to this Department, along with relevant supporting documentation, and determine whether it should be signed and certified.

In certifying Form I-918 Supplement B, the SAPD is primarily responsible for determining whether the non-citizen was the victim of a qualifying crime; possesses information about the crime; and either was helpful, is being helpful, or is likely to be helpful in the investigation or the prosecution of the crime. “Investigation or prosecution” refers to the detection or investigation of a qualifying crime or criminal activity, as well as to the prosecution, conviction, or sentencing of the perpetrator.

How to submit your U-Visa application

A U-Visa applications must be mailed or delivered in person (with a self-addressed stamped envelope) to:

Santa Ana Police Department: U-Visa Unit/Records Division                                                                                                              60 Civic Center Drive, Santa Ana, CA 92701

All applications shall be processed from the date received by the Department and shall be processed according to the DHS processing deadlines (typically 30 days or 7 days on some exceptions).

Depending on the final disposition of the assessment of "helpfulness," the Department will issue a Law Enforcement Certification (USCIS Form I-918) or deny the request. It is then up to the U-Visa applicant to submit his/her U-Visa application, including the Certification of Assistance, to the United States Citizenship and Immigration Service (USCIS) for processing.

Certification Process

To apply for a U-Visa through SAPD, you'll need Form I-918, Supplement B 

Submit the following:

• Completed Form I‑918, Supplement B (leave law enforcement section blank)
• Copy of your police report showing you as a victim
• Your contact information (including a phone number)
• A self‑addressed, stamped envelope
  • Mail to or deliver in person to:
    Santa Ana Police Department – U‑Visa Unit / Records Division
    60 Civic Center Drive, Santa Ana, CA 92701

Review Period: SAPD reviews your case to confirm whether the crime qualifies, that you are identified as a victim in the report, and that you have been or are likely to be helpful. If approved, SAPD signs Form I‑918B and returns it to you via mail.

SAPD certification is discretionary—certification may be withdrawn if helpfulness ceases or based wholly on law enforcement review.

Submit Your Petition to U.S. Citizenship and Immigration Services (USCIS): Once you have the signed Supplement B, you must file Form I‑918 and all supporting documents directly with USCIS.

• You may also need to file Form I‑192 if seeking a waiver for inadmissibility.
• SAPD does not file the petition on your behalf—USCIS makes the final eligibility decision and processes your application