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DAP Forums > DREAM Act > The Lounge

Do I qualify for U-Visa?

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#1
07-10-2023, 12:46 PM
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Last year my then GF attacked me in our apartment and scratched both sides of my face. I was honestly scared to death for my life. I had to call police and she was arrested and charged with Domestic Battery. I gave police oral and written statements. This happened in June 2022. One rule I follow in life is to never hit a woman, in any circumstances, even if they are attacking me.

This wasn't the only instant of abuse. We started dating in Sept 2021 and the physical abuse started in Nov 2021 and kept on happening until June 2022. I hoped she would calm down but it only gotten worse over time.

Because of her attack in June 2022, I was forced to be homeless immediately, couldn't work and lost substantial money to due to not being able to work with facial abrasions.

We reconciled in November 2022 and moved in together in Jan 2023. Before moving in, she promised that she wouldn't hurt me. Little did I know, it would happen again. One morning in March 2023, she wakes up grumpy and accuses me of cheating on her with her co-worker. I never met any of her co-workers and have no interest in doing so. She attacked me again and this time some of our neighbors heard the commotion and called police. Again, she was arrested and charged. I told police exactly what happened but I refused to give them written statement.

Now she is undergoing her court proceedings, moved out of my place and we don't have any contact. Although I loved her very much, I accepted the fact that we are not compatible.

Her attacks and abuse have caused me deep emotional distress and somewhat minor physical scars on my face. I have experienced homelessness and my ability/confidence to be employed had been hampered.

Do I quality for U-Visa?
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Approved: 11/27/2023
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#2
07-10-2023, 12:50 PM
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Sorry my daw...

https://www.uscis.gov/humanitarian/v...migrant-status

I think you need a good lawyer.
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#3
07-10-2023, 05:45 PM
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bali101
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Quote:
Originally Posted by Got_Daca View Post
Last year my then GF attacked me in our apartment and scratched both sides of my face. I was honestly scared to death for my life. I had to call police and she was arrested and charged with Domestic Battery. I gave police oral and written statements. This happened in June 2022. One rule I follow in life is to never hit a woman, in any circumstances, even if they are attacking me.

This wasn't the only instant of abuse. We started dating in Sept 2021 and the physical abuse started in Nov 2021 and kept on happening until June 2022. I hoped she would calm down but it only gotten worse over time.

Because of her attack in June 2022, I was forced to be homeless immediately, couldn't work and lost substantial money to due to not being able to work with facial abrasions.

We reconciled in November 2022 and moved in together in Jan 2023. Before moving in, she promised that she wouldn't hurt me. Little did I know, it would happen again. One morning in March 2023, she wakes up grumpy and accuses me of cheating on her with her co-worker. I never met any of her co-workers and have no interest in doing so. She attacked me again and this time some of our neighbors heard the commotion and called police. Again, she was arrested and charged. I told police exactly what happened but I refused to give them written statement.

Now she is undergoing her court proceedings, moved out of my place and we don't have any contact. Although I loved her very much, I accepted the fact that we are not compatible.

Her attacks and abuse have caused me deep emotional distress and somewhat minor physical scars on my face. I have experienced homelessness and my ability/confidence to be employed had been hampered.

Do I quality for U-Visa?
What's her status? is she a USC or green card holder?
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#4
07-10-2023, 06:39 PM
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hDreamer1988
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I read somewhere about an abused wife getting US citizenship because her American-citizen husband abused her... Maybe you should reach out to an immigration lawyer.
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#5
07-11-2023, 12:30 AM
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Quote:
Originally Posted by hDreamer1988 View Post
I read somewhere about an abused wife getting US citizenship because her American-citizen husband abused her... Maybe you should reach out to an immigration lawyer.
That's VAWA, for that you need to be married (or have every reason to believe you got married, e.g. it was invalid due to bigamy or you went through the ceremony and the officiant "lost" the paperwork) and the abuser needs to be a USC or LPR. There is no requirement to report to police or assist in persecution.

For U-visa the perpetrator can be anyone in any status (including none). DV qualifies but you need to assist in the persecution to qualify. In your case, I think the 2021 incident would qualify but the 2023 incident wouldn't.
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#6
07-11-2023, 04:16 PM
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Quote:
Originally Posted by bali101 View Post
What's her status? is she a USC or green card holder?
She has no status but has a child who is USC
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#7
07-11-2023, 04:19 PM
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Quote:
Originally Posted by Demise View Post
That's VAWA, for that you need to be married (or have every reason to believe you got married, e.g. it was invalid due to bigamy or you went through the ceremony and the officiant "lost" the paperwork) and the abuser needs to be a USC or LPR. There is no requirement to report to police or assist in persecution.

For U-visa the perpetrator can be anyone in any status (including none). DV qualifies but you need to assist in the persecution to qualify. In your case, I think the 2021 incident would qualify but the 2023 incident wouldn't.
People say it costs about $5000 for U Visa petition with reputable lawyer.

I think I will be able to have $5k by the end of the year the latest.

And filing that shit within 2023 for real.
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#8
07-11-2023, 08:32 PM
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Quote:
Originally Posted by Got_Daca View Post
People say it costs about $5000 for U Visa petition with reputable lawyer.

I think I will be able to have $5k by the end of the year the latest.

And filing that shit within 2023 for real.
First and foremost, find the person responsible for signing I-918 Supplement B at the police department in question and see what they'll say. If you can get that on your own the case becomes trivial.
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#9
07-12-2023, 12:49 PM
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Quote:
Originally Posted by Demise View Post
First and foremost, find the person responsible for signing I-918 Supplement B at the police department in question and see what they'll say. If you can get that on your own the case becomes trivial.
I am pretty certain I can get that at my county's DA office. They have clear instructions on how to get that.

And what do you mean by Trivial? Like there is basically nothing else difficult to do?
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#10
07-12-2023, 01:04 PM
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Quote:
Originally Posted by Got_Daca View Post
I am pretty certain I can get that at my county's DA office. They have clear instructions on how to get that.

And what do you mean by Trivial? Like there is basically nothing else difficult to do?
I-918 Supplement B is the hard part. Past that it's literally just put everything together (including a personal statement, other documents will get from the DA's office) and sent it out.
You can also include form I-765 under category (c)(14) to get an EAD under the general deferred action they'll put you under while your case works its way through the cap.
Also form I-192 if you are inadmissible for any reason (e.g. illegal re-entry, false claim of citizenship, criminal reasons, etc, nice thing about the (d)(14) waiver is that it waives almost anything). You can hold off on that one, they'll RFE you for it if they believe that you're inadmissible.

You are not required to file an I-765 under category (a)(19), I-918 covers that.
I-918 is free.
I-765 and I-192 if you file them you will have to pay for.

https://www.uscis.gov/I-918
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Last edited by Demise; 07-12-2023 at 01:09 PM..
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