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DAP Forums > Other Topics > Other Topics

GC after being assaulted? - Page 2

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#11
07-07-2012, 11:29 AM
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Laker24x
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I know somebody who got beat up but unfortunately I think he was beaten up by illegals too
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#12
07-07-2012, 11:40 AM
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spartanwarrior
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Quote:
Originally Posted by Laker24x View Post
I know somebody who got beat up but unfortunately I think he was beaten up by illegals too
lol...
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#13
07-07-2012, 01:16 PM
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Quote:
Originally Posted by Laker24x View Post
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.
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#14
07-07-2012, 02:06 PM
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Dark Apotheosis
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Quote:
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^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.
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.
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#15
07-07-2012, 04:25 PM
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Quote:
Originally Posted by Dark Apotheosis View Post
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.
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.
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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]
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#16
07-07-2012, 07:13 PM
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Dark Apotheosis
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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.
Last edited by Dark Apotheosis; 07-07-2012 at 07:46 PM..
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#17
07-07-2012, 11:37 PM
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TexasDreamy
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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.
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