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DAP Forums > DREAM Act > The Lounge

Does attempted robbery qualify one for a U visa? - Page 2

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#11
05-05-2014, 12:29 PM
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I also forgot to mention that in my father-in-law's case, they did go before a judge who found him guilty of assault with a deadly weapon and the guy did go to jail because he had already been arrested for previous transgressions and he was on probation.
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#12
05-05-2014, 02:22 PM
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Quote:
Originally Posted by j_cis1011 View Post
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."
If i had a way to "LIKE" this answer i would many times! I know alot of people here do not seem to like the good old " Hire an attorney" answer but seriously having an attorney to process this type of request will make a HUUUUUUGE difference, alot of the times (as in our case) an attorney already knows the specific person who handles the Supp. B request and can make sure your request goes to the correct person instead of having it bounced around in diff peoples desk. Some counties/Agencies dont even know what this type of request are and an attorney would be able to guide them with the legal resources and terms.

As to why a lot of victims dont apply for this? Simple people are not aware that you have to be willing to help with the investigation. We have gotten supplement B's sign for the craziest stuff, sometimes i even wonder how the hell we got the agency to sign it but they do! for example: We once got one signed for Perjury, we have gotten some signed for cases that happen in the early 90s. If the facts are there and you have a knowledgeable person helping you it will make all the difference.

I 100% agree that there are some attorneys who are out to scam people out of their money, BUT! there are attorney who are really trying to help people so dont get discourage do research and youll be fine.
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#13
05-05-2014, 03:14 PM
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Quote:
Originally Posted by engineergirl View Post
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".
See, this makes perfect sense to me. The idea behind the law was that they didn't want innocent victims of horrific crimes to be afraid to come forward and have a way for law enforcement to allow witnesses to come forward.
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#14
05-05-2014, 06:29 PM
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Quote:
Originally Posted by engineergirl View Post
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".
The isn't any "extreme hardship' requirement for the principal applicant and the "substantial mental or physical abuse' can be proven by a forensic psychologist or medical record. The bottom line though is that despite meeting the qualifications, it is still definitely an expensive and difficult process and the evidence required will have to be bona fide.
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#15
05-05-2014, 06:47 PM
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Quote:
Originally Posted by engineergirl View Post
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".
Actually some of the DAP members in here have been approved for a Uvisa with similar characteristics...felonious assault.
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#16
05-05-2014, 07:05 PM
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Quote:
Originally Posted by g33k View Post
Actually some of the DAP members in here have been approved for a Uvisa with similar characteristics...felonious assault.
We have successfully helped people with their Uvisa who have been victims of:

1-Assault Family Violence (Domestic Violence)

2-Perjury

3-Aggravated Robbery with Deadly Weapon (no suspect have been caught)

4-Assault causing bodily injury

5-Rape

and more, as long as the supp. B gets signed and we can prove you were clearly a victim we can make a case for it. In cases were we arent too sure that it will make it far with USCIS with submit an I912 to waive the fees and not have people waste money in Filing fees.
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#17
05-06-2014, 08:33 PM
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My fellow dreamers, let's not let our desire for legalization to cloud our judgment and common sense.

Q: Is There a Cap on The Number of U Nonimmigrant Status Grants?

A: Yes. USCIS may grant no more than 10,000 U-1 nonimmigrant visas in any given fiscal year (October 1 through September 30). This does not apply to derivative family members such as spouses, children or other qualifying family members who are accompanying or following to join the principal foreign national victim.

10,000 plus relatives per year! Or, in other words, .0054% of undocumented immigrants. To put it into perspective, .0014 of Americans are killed in a car accident every year!

Sources:http://www.uscis.gov/humanitarian/vi...migrant-status

http://well.blogs.nytimes.com/2007/1...-should-we-be/
Last edited by donquijote; 05-06-2014 at 08:37 PM..
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#18
05-06-2014, 09:31 PM
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Quote:
Originally Posted by donquijote View Post
My fellow dreamers, let's not let our desire for legalization to cloud our judgment and common sense.

Q: Is There a Cap on The Number of U Nonimmigrant Status Grants?

A: Yes. USCIS may grant no more than 10,000 U-1 nonimmigrant visas in any given fiscal year (October 1 through September 30). This does not apply to derivative family members such as spouses, children or other qualifying family members who are accompanying or following to join the principal foreign national victim.

10,000 plus relatives per year! Or, in other words, .0054% of undocumented immigrants. To put it into perspective, .0014 of Americans are killed in a car accident every year!

Sources:http://www.uscis.gov/humanitarian/vi...migrant-status

http://well.blogs.nytimes.com/2007/1...-should-we-be/
Your point?
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#19
05-06-2014, 11:27 PM
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Quote:
Originally Posted by g33k View Post
Your point?
Lol X 2. When did the questioned turned to whether or not there was a cap?
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#20
05-06-2014, 11:33 PM
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Quote:
Originally Posted by txgirl View Post
Lol X 2. When did the questioned turned to whether or not there was a cap?
Fits his screen name...has gone crazy!
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