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DAP Forums > DREAM Act > The Lounge

U Visa or wait?

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#1
02-07-2013, 06:09 PM
Senior Member
Joined in Jul 2012
459 posts
Dark Apotheosis
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When I first joined DAP last year after the announcement of DACA, I commented on a post that my brother was a victim of a crime some years ago, and that it seemed he qualified for a U visa. Unfortunately, at the time, my family and I were not up-to-date on immigration issues, or we would've started the process when the incident happened. It was right after DACA that I began to inform myself on all the immigration laws and and procedures.

I wanted us both to go through and finish the DACA process first before looking into having my brother apply for the U visa. I will be doing it for him.

My question to you guys is this: Should I get started on that process for him now, or hold off on that a few months to see if new legislation (Dream Act, CIR) is passed in Congress?

Getting started the process now would mean requesting hospital and police records, getting in touch with the detectives to get them to sign an attestation, plus having to fill out various forms, and write affidavits and a personal statement. It would certainly be time-consuming.

What do you guys think?
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8/16 DACA packet sent from CA to Phoenix Lockbox || 8/18 Packet arrived at destination || 8/20 Case received by Nebraska Service Center || 8/27 I-797C received || 9/01 Biometrics appointment received || 9/17 Biometrics done || 10/3 EAD/DACA approved || 10/9 EAD Received
Last edited by Dark Apotheosis; 02-07-2013 at 06:12 PM..
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#2
02-07-2013, 07:10 PM
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Joined in Jun 2011
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U-Visas are limited to just 10,000 a year or so. So if you know your brother can benefit you should get a lawyer experienced in U-Visas cases.
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#3
02-07-2013, 11:31 PM
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Quote:
Originally Posted by Dark Apotheosis View Post
When I first joined DAP last year after the announcement of DACA, I commented on a post that my brother was a victim of a crime some years ago, and that it seemed he qualified for a U visa. Unfortunately, at the time, my family and I were not up-to-date on immigration issues, or we would've started the process when the incident happened. It was right after DACA that I began to inform myself on all the immigration laws and and procedures.

I wanted us both to go through and finish the DACA process first before looking into having my brother apply for the U visa. I will be doing it for him.

My question to you guys is this: Should I get started on that process for him now, or hold off on that a few months to see if new legislation (Dream Act, CIR) is passed in Congress?

Getting started the process now would mean requesting hospital and police records, getting in touch with the detectives to get them to sign an attestation, plus having to fill out various forms, and write affidavits and a personal statement. It would certainly be time-consuming.

What do you guys think?
I think the evidence should be gathered irregardless of CIR or not.However,whether to apply or not would be up to your brother.There are two very important things to consider in that U visa applications seem to be taking over 12 months and if your brother is approved for a U visa he technically might not meet the requirements to be able to apply for Dream act as he wouldn't be unlawful anymore dependent on the date and legal language of the legislation implemented of course.The attestation from my understanding is only valid for six months from the time that is signed so it might be best to hold off on that part as well.
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