DREAM Act Portal Forum - GC after being assaulted?

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GC after being assaulted?

This has nothing to do with the DA, just something that happened to someone I know. This guy was waiting in line to get into a club and somehow got in a fight (with a USC) and I guess he got beat up badly enough that he had to go to the hospital. He came to the US without inspection. Last I heard from him, he was waiting for his green card in the mail, because his lawyer knew about some law that made it possible for the dude to become legal. The fight happened sometime this year, so this process obviously went through the system pretty quick.

I know I've heard about this here in the forum, also I know there's some law about battered women who are able to file for residency, but that's not it. Can someone refer me to the thread where they discuss this, or explain this law to me?

Re: GC after being assaulted?

It's U- Visa where victim of crime from USC gives legal status...

Re: GC after being assaulted?

Quote:

Originally Posted by bseo (Post 265692)

It's U- Visa where victim of crime from USC gives legal status...

That would've been my guess but it takes 3 years before being able to gain US residency through a U visa if it is the national and or public interest,through Humanitarian grounds or Family Unity.

I'm thinking it is actually an A19 Work Permit [U visa] the person is waiting on to be processed not a green card.The original thread is here.

Re: GC after being assaulted?

VAWA , you can file it whether you are a male or female and have been a victim of a crime by an US Citizen or LPR.

Re: GC after being assaulted?

U visa.. are you a victim dreambaybeh??

Re: GC after being assaulted?

brb going out to get punched

Re: GC after being assaulted?

Quote:

Originally Posted by txgirl (Post 265703)

VAWA , you can file it whether you are a male or female and have been a victim of a crime by an US Citizen or LPR.

I don't think VAWA self-petition would apply here though even though it sounds like it due to what was posted.It seemed to be a stranger that committed the assault not an immediate relative.The requirements can be found at the following concerning VAWA.

Quote:

Those Eligible to File

* Spouse: You may file for yourself if you are, or were, the abused spouse of a U.S. citizen or permanent resident. You may also include on your petition your unmarried children who are under 21 if they have not filed for themselves.
* Parent: You may file for yourself if you are the parent of a child who has been abused by your U.S. citizen or permanent resident spouse. You may include on your petition your children, including those who have not been abused, if they have not filed for themselves. You may also file if you are the parent of a U.S. citizen, and you have been abused by your U.S. citizen son or daughter.
* Child: You may file for yourself if you are an abused child under 21, unmarried and have been abused by your U.S. citizen or permanent resident parent. Your children may also be included on your petition. You may file for yourself as a child after age 21 but before age 25 if you can demonstrate that the abuse was the main reason for the delay in filing.

Eligibility Requirements for a Spouse

* You are:
o married to a U.S. citizen or permanent resident abuser

or
o your marriage to the abuser was terminated by death or a divorce (related to the abuse) within the 2 years prior to filing, or
o your spouse lost or renounced citizenship or permanent resident status within the 2 years prior to filing due to an incident of domestic violence, or
o you believed that you were legally married to your abusive U.S. citizen or permanent resident spouse but the marriage was not legitimate solely because of the bigamy of your abusive spouse.
* You:
o have been abused in the United States by your U.S. citizen or permanent resident spouse, or
o have been abused by your U.S. citizen or permanent resident spouse abroad while your spouse was employed by the U.S. government or a member of the U.S. uniformed services, or
o are the parent of a child who has been subjected to abuse by your U.S. citizen or permanent spouse.

* You entered into the marriage in good faith, not solely for immigration benefits.
* You have resided with your spouse.
* You are a person of good moral character.

Eligibility Requirements for a Child

* You:
o are the child of a U.S. citizen or permanent resident abuser
o were the child of a U.S. citizen or permanent resident abuser who lost citizenship or lawful permanent resident status due to an incident of domestic violence
o have been abused in the United States by your U.S. citizen or permanent resident parent
o have been abused by your U.S. citizen or permanent resident parent abroad while your parent was employed by the U.S. government or a member of the U.S. uniformed services
o have resided with the abusive parent
o have evidence to prove your relationship to your parent
o must provide evidence of good moral character if you are over the age of 14

Eligibility Requirements for a Parent

* You are the parent of a U.S. citizen son or daughter or were the parent of a U.S. citizen son or daughter who lost or renounced citizenship status related to an incident of domestic violence or died within 2 years prior to filing
* You have been abused by your U.S. citizen son or daughter
* You have resided with the abusive son or daughter
* You are a person of good moral character

It sounds more like a U visa.

Quote:

Originally Posted by will_con (Post 265781)

brb going out to get punched

Lol,I wouldn't recommend getting hurt just for a benefit considering the Administrative relief is practically the same thing as a U visa.......only thing different is the latter can lead to permanent residency if the requirements are met.

Re: GC after being assaulted?

I have to admit -- before this deferred action was announced, I had researched very little about immigration laws and the different kinds of visas available. This, due to feeling demoralized with the Dream Act not passing, and not being able to "adjust" any other way.

Now, reading about this U-Visa... my brother was assaulted back in 2006; sad to say it was a near-death experience. The police and detectives got involved, of course, and they had contact with us for some time after the incident as they investigated. In the end, the assailant was not found, and I guess the case went "cold". I don't know if they would have upped their investigation if we had put any pressure on them (like when you see on TV families demanding justice, and all that); at that point, we only cared about my brother being alive, and him recovering.

Thankfully, he recovered and is back on his feet (and he's protected by the recent deferred action due to begin soon). It makes me wonder whether he could potentially qualify for the U Visa? I mean, since the assailant was not found, and no one was prosecuted for the crime. Of course, this would be something to ultimately take to an attorney, but just wondering what you guys have to say.

Re: GC after being assaulted?

^Your brother should see an immigration attorney and asap.It seems very probable that he is eligible.In fact,if you look at the thread I linked earlier there was another individual who got it approved through the assault category..... and sorry about your brother assault and what the family had to go through!

I should have added if you were under 18 at the time a petition could have been possible for Your brother,Parents AND his under 18 siblings.

Re: GC after being assaulted?

No, I haven't been a victim, I just thought what happened was crazy. Guy gets in a fight and gets a work permit with possibility of becoming resident, while I'm sitting here with a college degree being all well-behaved and get a work permit but remain undocumented. Sigh.

Re: GC after being assaulted?

I know somebody who got beat up but unfortunately I think he was beaten up by illegals too

Re: GC after being assaulted?

Quote:

Originally Posted by Laker24x (Post 265817)

I know somebody who got beat up but unfortunately I think he was beaten up by illegals too

lol... :(

Re: GC after being assaulted?

Quote:

Originally Posted by Laker24x (Post 265817)

I know somebody who got beat up but unfortunately I think he was beaten up by illegals too

Status does not come into play with regards to a crime happening to the person.What matters is if the crime took place on US soil and the individual has helped law enforcement.

Re: GC after being assaulted?

Quote:

Originally Posted by Ianus (Post 265799)

He was 20 when this all happened. I'm reading that if the victim is under 21, he/she can petition for his parents as well. My one question would be whether it is under 21 at the time of the assault or at the time of application?

Thank you for the information and the kind words, Ianus. I will talk to my family about this, and about seeing an attorney. I will post of any developments that may come.

Re: GC after being assaulted?

Quote:

Originally Posted by Dark Apotheosis (Post 265841)

I have to say I am not sure and but the information from here says it is at the time of application.You should still task this question to multiple AILA lawyers considering the regulations are still quite new.

Quote:

A sibling’s age is determined as of the date when the sibling’s U-visa application is filed

When he was 20 it seems it would have been possible for the Parents and siblings under 18 to gain their own U derivative status if he had filed.Now that the sibling is over 21 only a spouse or child could benefit and gain derivative status[including overstays and EWIs]

Re: GC after being assaulted?

As long as he himself is able to benefit from this, we'd be happy about it all after all the suffering he went through -- the scars on his body from the many surgeries he underwent are only a reminder of what happened. And while the wounds heal, the psychological effects stay with you for life.

And indeed, reading over the guidelines for the U Visa, it's very likely that he does qualify.

Thanks again, Ianus. I'll keep you guys posted.

Re: GC after being assaulted?

I don't know anything about the U-Visa, so I'm just talking out of my ass here, but it seems to be the kind visa that you get so that you can legally remain in the country so long as the case is still open/moving through the courts so that you can testify.