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#2
05-03-2014, 01:36 PM
Senior Member
Joined in May 2006
6,569 posts
No problem, There was one other relevant .pdf I had read yesterday here.
Quote:
Robbery as Qualifying Crime for U visa:

USCIS stated that robbery itself is not a qualifying crime.However, someone who was assaulted or beaten during the robbery may qualify for other reasons. If LEA can sign off on certification that this is substantially similar, that person may be eligible for U visa. The officers will then determine if crime is substantially similar to one of our crimes, that person may be eligible.

ASISTA Practice Pointer
:
In our experience reviewing RFEs and denials, it is extremely difficult to successfully argue “similar” crimes.
(Before you try it, review the regulations; they
require that the elements be essentially the same.)
It is MUCH better to argue the crime fits in a “category” of crimes. For robbery, this is usually felonious assault. For instance, in California, all the elements of robbery fit within the elements of felonious assault. If that is not true in your
jurisdiction, you may show that the facts of the case meet the elements of the state
or federal felonious assault definition.
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