Question about U-visa

Hi, everyone

I am new in here

I have a question about U-visa
I will note that my story will be kind of long and complicated and thank you to take time and read it



I was caught by border patrol and they tried to deport me. For next two years, because of my illegal status, I couldn't find job nor lived independently by myself. I was being forced to work free for my mom's working partner(it's important to note that he is legal immigrant). It's about 66 hours in restaurant per week. The only thing he would provide me is a place to live and food to eat.

But the abuse doesn't end here. I have a brother, at that time he was 16 years old. He was rebellious against my mom's working partner: He doesn't want to work free for him. So he stayed home and played video game everyday after school. And my mom's working partner(I abbreviate as MWP because I don't want to type it all the time) will constantly "pick" him up after school and force him to work. His demand is from 2:00 pm to 10:00pm. But my brother resisted because he didn't pay him at all, so my MWP ended up to kick him out of his house while he is under age. He's laughing and joking when he kicked him, saying someday he's going to come back and begging him.

He also verbally abused my mom as well, saying thing involving sexism. Such as "you are a woman and you know nothing. You should listen to me", or "Keep you mouth shut, I am the boss in here!"

My MWP also abused me as well(mostly verbal abuse). Everytime when I have argument with him he will raise up his cooking tool(spatula) and threaten to hit me. Saying such as "Go to Hell" in his own language. Eventually one day I committed suicide because he whispered to my ear and said: "if you don't like your life, kill yourself." Which I did try to commit suicide and ended up in ICU in hospital. Few months later I had a fight with him because I cooked the wrong thing. First he pushed me, then I pushed him back. He rushed and hit my head with his spatula, customer saw it and scream. I then am standing quietly near the counter, having no response to anyone who asked me. Later he came out and screamed at me and said I am pest and hurting anyone around me. I lost control and hit him and I stopped. Then he pushed me on the ground and sat on top of me. If it wasn't my mom, he would hit me already. Later when the cops came and ask, I said nothing because I am so upset. Because the cops saw my MWP had a bloody nose, they arrested me. No lawsuit was filed against me later.

On this year January I went court. After I told my story, both the judge and lawyer from immigration department, thought I deserved my citizenship and they said I should try U-visa instead of asylum.

But to be successful to acquire U-visa, I have to be able to get state attorney(government lawyer who do the prosecute) sign a paper. But they denied to sign it. They told me because I defended myself and hit him(they said to me even the lawsuit had filed against me I can win because I am being emotionally abuse for a period of time), so I can't get my U-visa. They also told me because there is no investigation and one of U-visa requirement IS somebody has to investigate the case. Because there is no investigation, state attorney is not willing to sign a paper and said I am the victim.

May I ask is there anyone know what should I do? My lawyer was trying to ask psychologist around the area to "put" pressure on those state attorneys but I honestly don't think it will work.

Hi OP,

My mother and I are currently going through the process of applying for U-visa. I've had my application pending since December 2008 and I hope to get some kind of relief in 2010 sometime in the spring. Although I'd rather not get into my own personal details, I commend you for sharing your story. It's not an easy thing to do and it looks like you went through a very intense time. Please take the following with a grain of salt. I'm not a lawyer, I'm just a girl going through the process. Ultimately, your best best would be to get an experience, legitimate lawyer to help you out.

As you know, a U-visa is a provision under the VAWA (Violence Against Women Act) in which you don't have to be married to your abuser and your abuser doesn't have to have legal status in the country either. A U-visa is provided to crime victims regardless of gender, so that's not an issue. The crimes covered can be seen at this website here. Based on your story, it's evident that you suffered "substantial physical or mental abuse." Additionally, there's the whole involuntary servitude issue. Being forced to work long hours and without compensation, especially your mandated time and half after 40 hours, is in violation of federal labor laws. If your younger brother worked those same long hours, that's a child labor violation. On those grounds, it sounds like you have a legit case for a U-visa.

However, the big sticking point with filing for a U-visa is that at the very least there has to be involvement from law enforcement in the form of an investigation in which you have to materially participate. If the investigation turns into a prosecution of your abuser, you have to testify and generally be helpful and cooperative with law enforcement. You are correct in that some kind of authority has to sign a certification stating that you have been helpful or are willing to be helpful in the investigation and/or prosecution. As a general rule, it's usually the prosecutor or district attorney in your jurisdiction because they have the most merit in the local courts.

One of the initial issues with U-visa applications was the unwillingness of law enforcement to sign such certifications on behalf of crime victims because there was no set application process for U-visas until relatively recent. USCIS had to be sued in order for them to establish a process for U-visas, which is shame in and of itself. In your circumstance, the police were only involved after an altercation with you and your MWP in which you hit him. On paper, that doesn't look good. Granted, it was in self defense, but you never mentioned that to the police. It might have been a different story if you had spoken up about the working conditions or what led up to the altercation. Depending on where you live, local police usually don't get involved in immigration issues.

You don't mention whether or not you are still in the same situation as before. You don't clarify as to whether or not your mom has legal status. If your mom is being subjected to the same conditions as you and your brother and she is undocumented, she could have a chance at a U-visa. If you're under 21, you could be included in her application as a derivative beneficiary. Basically, the application would be in her name and on her case's worthiness, but you would be included because you are her dependent under the age of 21. Just throwing that out there.

Ultimately, the U-visa application is very proof-intensive. You have to include as much evidence as possible. The certification I talked about before, medical records, court records, affidavits, police reports, etc. It's definitely not an easy process. In your case, I'm not sure what benefit you could possibly get from having a psychologist write letters or whatever on your behalf. Ultimately the process starts with a crime in which law enforcement is involved.

My personal advice to you is to speak with your lawyer about other avenues to pursue a U-visa. It's not the easiest process, but it certainly can be done if you have the right people in your corner and a strong case. See what can be done to bolster your case. You have medical records from your suicide attempt that can corroborate mental abuse. You mention asylum. There might be some grounds for an asylum case, which you would have to check with your lawyer about. Please don't give up! Talk to as many people as you can and please keep a positive attitude. Best of luck =]