U-Visa Question?

We just recently found out about U-Visa applications. A few years ago my Mother was robbed at her work place. We got the Police report showing that it was "Aggravated Robbery with a Deadly Weapon." Three guys came into the place demanded money and brandished knives.

From that point on my mom quit her job, and was pretty scared to work for a while. She never went to a doctor or anything, but she still doesnt get sleep sometimes (nightmares). I read the requirements for this visa, and I'm confused on whether she qualifies or not.

Is it worth dishing out money to speak to a lawyer? Does she even qualify?

I would love to hear you experiences if any of you have received it. Thanks!

The U Visa Status is definitely one way to eventually receive permanent status in the U.S. I was EWI (at 4 months old) and became beneficiary of such visa in 2012. After holding my status for 3 years (in March) I applied for AOS. I was able to include my parents and my twin brother as derivatives. I was a victim of felonious assault in October of 2011.

For the petition itself the police department also had to submit form I-918B stating that I was willing to assist in the investigation. I had to provide written statements from family/friends and myself discussing good moral character.

Per USCIS website, the eligible crimes are listed below: http://www.uscis.gov/sites/default/f...i-918instr.pdf

I've read multiple cases where the crime wasn't reported until years later.

I didn't go to a doctor either, but wrote an affidavit describing the physical and mental abuse I suffered due to the crime. My mom also wrote a letter for my case.

Also, what state are you in?

I live in Texas. Could you tell me more about these affidavits? I thought we needed really substantial proof for it. My Mother also definitely complied with the case. She would answer all their calls, and even provided statements for their case, so I hopefully the I-918B can be provided.

My parents are planning to speak to a lawyer today. Anything they should know before going?

I really appreciate the insight!!!

If the Law Enforcement agency is willing to certify the crime as a 'Felonious Assault', she may qualify. You will have to prove that she suffered substantial mental or physical harm. I suggest that she goes through a longer therapy session for potential PTSD she may have suffered due to the crime. A letter from the doctor will be useful.

The crime happened a few years ago. Can that affect the therapy? She is going to see a doctor soon I believe.

This was discussed here a couple of years ago if you want to dig it up. I don't blame you for trying every possible avenue for trying to find legal status, but the spirit of the Uvisa was to protect those who live in fear for their lives such as those who were brought here and sold into prostitution, domestic violence, or have organized crime threaten them. A lot of these crimes go unreported because the victim is afraid to go to the authorities due to fear of deportation or threat of harm from the perpetrator.

For example, American citizen gets engaged to woman from wallawallastan and brings her here promising her and her family a better life and to love her, etc. Once they get to the US, the guy beats her and emotionally abuses her and tells her if she doesn't do what he won't marry her and she'll be deported. In the past, her only option was to go to the police and then get deported. With this visa, she can go to the police and not be deported if she helps police with investigation.

I'm sorry that your mother was a victim of a crime, but in my opinion, that's just an everyday random crime in a city. Nothing to see here.

It's always worth talking to a lawyer though. He might send her to counseling (the counselor may even have an office next door) or other things.

Where in Texas are you? It doesnt matter how long ago it happened, We have been able to get Uvisas approved for crimes that happen far back as 1995. The key thing is for the agency to sign the certification. Once that is sign an attorney will be able to give you ideas of what other evidence to collect in support of your visa.

I suggest that you start by collecting police report and/or case number. With that contact an attorney and hire them to ONLY get the supplement B certification. Dont try to get it yourself because law enforcement agencies specially in TX will not be willing to speak to you.

Houston. My parents have spoken to a lawyer and they lawyer took their case. We already had a case number and a police report that we showed to the lawyer. The lawyer is getting the form from the police soon.

Can I ask why you suggest the attorney to get only the supplement B?

That's fine. That falls under your opinion. I was just asking if this law is broad enough to include someone like my mother.

Thanks for the response.

It's better to start working on the statements and letters of support at the same time the 918B is requested. This is because once the certification is signed, there's a 6 month expiration on that form after which time a new form will have to be requested. If you wait till the certification is signed before starting the rest of the case, it's possible that you may run out of time. This is especially true if there were to be an RFE issued because that would slow everything down.