Does attempted robbery qualify one for a U visa?
 

Long story short: Yesterday 3 males (since pointing out their most defining feature is wrong, mkaay) verbally abused me on the bus, and later jumped me and tried to steal my phone when I walked out of the bus. I sustained 3-4 hits to the head before people pulled them away and then ran off.

I called the police and filed a report, however I doubt that they will get caught.

New thread since the last one that locked for the technical detail in the first sentence.

(Also thanks for the .pdf Ianus).

Re: Does attempted robbery qualify one for a U visa?
 

No problem, There was one other relevant .pdf I had read yesterday here.

Re: Does attempted robbery qualify one for a U visa?
 

Yes it most certainly does. Now you need to help with investigation and make sure to contact victim services and lastly a lawyer. Good luck.

Re: Does attempted robbery qualify one for a U visa?
 

So you mean to tell me a completely random attack that happens every day with no future danger (ie. he's not going to be testifying against them or in danger anymore) can get one qualified for the Uvisa? If that's the case, why isn't every ghetto neighborhood in big cities full of Uvisa holders?

Re: Does attempted robbery qualify one for a U visa?
 

There's 2 reasons:
Undocumented immigrants stay away from violent neighborhoods.
Undocumented immigrants are afraid to testify thinking that the police will turn them to immigration, they are also generally unaware of U visas*, and even if - they are generally afraid to seek any benefit thinking that if they don't meet the standard they'll get deported.

* - Look how slow news about DACA traveled, and how people were hesitant to sign up since they might get deported. Now multiply both unawareness and hesitation by 10.

Re: Does attempted robbery qualify one for a U visa?
 

It just seems to me that the burden of proof has to be a bit higher than a one time mugging. It kind of reminds me of asylum cases where at first it sounds so easy..."just go tell them you're afraid for your life and they'll give you a green card! That's what the law says" Sounds easy at first but the US government is not stupid.

Far be it for me to disagree with a pdf, but if it were this easy, every Abogado would be having ads on Univision with "Have you been punched? If so, call us today and we can help get you a Uvisa! Did you try to dance with a girl at a bar and her drunk boyfriend punched you? If so, call us today! Can't find the perps? No problem! Haven't been punched yet? No problem! We'll punch you ourselves if we have to".

At any rate, it's not my neck on the line so I hope he does go for it just so we can see if it's possible.

Re: Does attempted robbery qualify one for a U visa?
 

Dude you'll be amazed of how many people apply for uvisa. I saw a stack of uvisa certifications at local police department.

Re: Does attempted robbery qualify one for a U visa?
 

BAHAHAHAHA!!!!!!! THIS just made my day! I loved your response! The whole " "Haven't been punched yet? No problem! We'll punch you ourselves if we have to". " I can totally see those "lawyers" on Univision saying that! HAHAHA!

Thanks for the laugh. :smile::-P:smile:

Re: Does attempted robbery qualify one for a U visa?
 

For a case like the U-visa, I would recommend a lawyer. My father-in-law recently submitted an application for a U-Visa stemming from an incident about 2 years ago where he got into an argument with a drunk neighbor and the guy cut my father-in-law's arm open with a broken beer bottle. He had to submit a copy of a police report plus a report from a psychologist proving that he had to go to therapy over the emotional distress caused by the incident. I think the therapy sessions alone were like $2,000. Altogether I think it cost him about $7-$8K to apply for the U-Visa. That's why you don't see ghetto neighborhoods filled with U-Visa holders.

A lot of immigrants don't bother trying to fix their status, fail to get informed or are simply misinformed because it cost money to talk to a lawyer. Many DACA prospects had to wait or are still waiting to receive DACA because they didn't have the funds or do not want to risk losing money and not obtaining anything. At the end of the day money talks. If you can afford to apply for the U-Visa, then go for it. Our lawyer mapped out my wife's process from her DACA to her green card and simply told us "Worst case scenario: you lose a couple thousand dollars and still have Deferred Action."

Re: Does attempted robbery qualify one for a U visa?
 

The only U-Visas I've seen approved so far have been the following:

- Attempted rape by a serial rapist who was terrorizing the community. The victim's testimony helped the guy get caught.
- A guy victim of gang violence who was left paralyzed from the waist down due to a stray bullet.
- A whole family whose little girl died victim of an drunk driver.
- A guy who got stabbed by a mentally unbalanced homeless guy.

Usually, the lawyer I work for won't take cases like this. Though it was an attempted crime, the injuries and the mental distress weren't "substantial". A lot of people apply for these types of visas and get denied because they don't meet the threshold of what qualifies as "extreme hardship" or "substantial physical or emotional damage".