U Visa for who?

[bjj_aces 0]

An illegal woman is raped while intoxicated. Her illegal friend witnesses the rape and knows about it.

The victim I going to contact local authorities and file a report.

The victim will eventually be able to file her U-Visa,

What about her friend? Can she also call the authorities and file something in addition to the victim?

The date of the alleged rape was last weekend.

[scottgema 6]

I don't think they would be able to file because they were not the victim of the crime and there would be no justification for them to file a U-VISA

EDIT: unless are you asking if the wittness can testify in the case, yes absolutely they can....will they be swept up by ICE at a later date because they got on their radar....who knows...

I think I mis-read your original question.

U Visa Application: An application for the U visa is filed with Form I-918, and there are different requirements that must be satisfied before an application can be submitted. The applicant must have suffered substantial physical or mental abuse due to a criminal activity in at least one of the following categories: rape, torture, trafficking, incest, domestic violence, sexual assault, abusive sexual contact, prostitution, sexual exploitation, female genital mutilation, hostage situations, peonage, false imprisonment, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, blackmail, extortion, manslaughter, murder, felonious assault, witness tampering, obstruction of justice, perjury or attempt, conspiracy, or solicitation to commit any of the above mentioned crimes.

Edited February 11, 2013 by scottgema

[belinda63 3,047]

Big problem her is did she receive medical attention? Is there any evidence, other than the witness, of the rape? I don't think the friend will qualify as she was not a victim.

[AnotherLostSoul 167]

An illegal woman is raped while intoxicated. Her illegal friend witnesses the rape and knows about it.

The victim I going to contact local authorities and file a report.

The victim will eventually be able to file her U-Visa,

What about her friend? Can she also call the authorities and file something in addition to the victim?

The date of the alleged rape was last weekend.

Now, tell me, what is an illegal friend? o.O

[Villanelle 4,122]

Each person has to file their own U visa.

The rape victim has their own very solid U visa claim. The friend has a potential U visa claim.

To submit a U visa claim you need to meet the following criteria

-The applicant must have suffered substantial physical or mental abuse due to a criminal activity

-the criminal activity must be in a specific category (rape is one of them)

-they must be able to provide information on how they are able to assist in the investigation or prosecution of the individual who committed the crime.

-The crime must have occurred in the United States or in a U.S. territory, or violated U.S. law.

-Form must be certified by prosecutor or judge in charge of investigation

So based on the above if the friend/witness can document substantial mental abuse (trauma- PTSD) due to witnessing the crime (which would need to be documented by a board certified physician)- they would qualify. If its solely based on their testimony and contribution to the case, then no.

[AnotherLostSoul 167]

Ooooooooh, you meant "illegal friend" as a friend who is in an illegal status...LOL I was like "what is an illegal friend?" You have a friend, or you don't have a friend...you cannot have an illegal friend... I wasn't thinking of status itself...haha sorry about that!

[Villanelle 4,122]

^ by law you two can not be friends?