Victims of Serious Crimes

Federal law defines non-citizen victims of serious crimes as non-citizens who:

Have suffered substantial physical or mental abuse as a result of having been victims of criminal activity involving or similar to the following violations:

  • Rape
  • Being Held
  • Blackmail
  • Torture
  • Peonage
  • Extortion
  • Trafficking
  • Slave Trade
  • Manslaughter
  • Incest
  • Involuntary
  • Murder
  • Domestic
  • False
  • Witness
  • Sexual Assault
  • Kidnapping
  • Obstruction of
  • Prostitution
  • Abduction
  • Perjury to
  • Sexual
  • Felonious
  • Unlawful Criminal restraint
  • Abusive Sexual
  • Female Genital Mutilation
  • Possess information concerning criminal activity (or, in the case of a non-citizen child under the age of 16, the parent, guardian, or adult representing the child) and
  • Have been helpful, are being helpful, or are likely to be helpful to a federal, state, or local law enforcement official, prosecutor, or judge or to other federal, state, or local authorities investigating or prosecuting criminal activities described above.

“U” VISA

The Trafficking Victims Protection Act of 2000 created a new non-immigrant visa, the “U Visa,” for victims of criminal activity as defined by federal statute to allow these individuals to remain in the United States. The “U” non-immigrant status provides a stay of deportation and the ability to apply for work authorization.

Effective 10/17/07, the Final Rule regarding the “U Visa” was issued by the federal government. To be eligible for CFAP benefits, applicants must present evidence that they have filed for a “U Visa” (or have obtained one) if they do not have verification of filing for a “U Visa Interim Relief” prior to 10/17/07. Refer to the Verification for U Visa Interim Relief section below.

Verification of U Visa

The following documentation can be used in determining whether an applicant has filed a request for or has been granted a “U Visa:”

  • A Form I-797 approving a “U Visa” or
  • A Form I-797, which serves as a fee receipt for an employment authorization request based on a “U Visa” application or
  • A completed copy of Form I-918, or
  • An EAD issued under Category “A19” or A20” for an approved “U Visa” petitioner.

“U Visa Interim Relief”

Prior to 10/17/07, USCIS granted temporary legal status, called “U Visa Interim Relief,” and work authorization to eligible individuals. While there was no official application form for requesting “U Visa Interim Relief,” each request contained certain documentation.

Non-citizens allowed to remain in the United States under “U Visa Interim Relief” are not eligible for federal CalFreah benefits and services. Senate Bill 1569 was enacted to assist applicants willing to cooperate with law enforcement officials. Individuals who filed a request for a U Visa Interim Relief prior to 10/17/07 are eligible for the California Food Assistance Program (CFAP).

Victims of conspiracy or solicitation to commit qualifying crimes may remain eligible for CFAP CalFresh benefits if a visa application has been filed (or a “U Visa” has been issued) or until a denial of interim has been issued.

Note: After 10/17/07, USCIS will not consider initial requests for “U Visa Interim Relief.”

Verification for U Visa Interim Relief

The following documentation can be used in determining whether an applicant has filed a request with USCIS for “U Visa Interim Relief” or if “U Visa Interim Relief” or a “U Visa” has been granted:

  • Statements from persons in an official capacity (e.g., law enforcement officials or victims advocates) who have assisted or are assisting the victim with the application of “U Visa Interim Relief” or
  • A copy of the request for a “U Visa Interim Relief” application or
  • A Notice of Action approving “U Visa Interim Relief” or
  • A confirmation receipt or letter from USCIS verifying that a request for “U Visa Interim Relief” (or a “U Visa”) has been filed. A Notice of Action (Form I-797) approving U visa Interim Relief based on a request prior to 10/17/07 or
  • A confirmation receipt or letter from USCIS verifying that a request for U Visa Interim Relief was filed prior to 10/17/07, or
  • A Form I-797, which serves as a fee receipt for an employment authorization request based on a request for “U Visa Interim Relief” filed prior to 10/17/07 or
  • A confirmation receipt or letter from USCIS verifying that a Petition for U Non-immigrant Status (Form I-918) has been filed.

Note: Victims of other serious crimes eligible for CFAP benefits do not have to provide or apply for an SSN.

Termination of Eligibility

Eligibility for CFAP CalFresh benefits continues until and unless the recipient’s request for “U Visa Interim Relief” or application for a “U Visa” has been finally administratively denied.

Documentation

Information regarding verifications provided, dates of services, etc., must be documented in the Journal Detail page.