U Visa (U-1 nonimmigrant status)

[xeviera 0]

 

I'm currently located overseas.

My present legal situation is pretty tough.

I have limited time on my hands.

In short: I've been systematically assaulted and victimized by the police.

I have been tortured, beaten, injured, my apt has been raided, pc and cell phone seized.

Front door got knocked down and they locked me up in the state psychiatric asylum for 28 days.

For so called evaluation. In fact it was a form of torture. I had to survive there

side by side with serial murderers, rapists, schizophrenics, that sort of people.

I have been given an injection of a strong neuroleptic substance by force.

That's not allowed according to the psychiatric forensic rules whatsoever.

A victim of a coercive and punitive psychiatry and police abuse and torture.

Such methods are applied over here to those who chose to defend themselves.

As stated @ travel(dot)state(dot)gov/visa/temp/types/types_5671.html

Victims of certain criminal activities that either occurred in the United States

or violated U.S. laws may be eligible to petition for U nonimmigrant status

to the U.S. Citizenship and Immigration Services (USCIS).

Victims must have suffered substantial mental or physical abuse

due to the criminal activity and possess information concerning that criminal activity.

Law enforcement authorities must also certify that the victim has been, is being,

or is likely to be helpful in the investigation or prosecution of the criminal activity.

There are plenty of inf about petitioning but not much about the le certification itself.

www(dot)uscis(dot)gov/USCIS/Resources/Humanitarian%20Based%20Benefits%20and%20Resources/TU_QAforLawEnforcement.pdf

It seems that certification form has to be submitted along with the main petition. And the cert authority must be from the US.

USCIS approves U nonimmigrant petitions both for people who are in the United States and for those abroad.

If you are overseas and wish to apply for U-1 nonimmigrant status,

first you must petition directly to the USCIS Vermont Service Center.

U.S. embassies and consulates abroad are not permitted to accept petitions

for U nonimmigrant status. Once the petition is approved, you may apply for a visa.

But how on Earth could i possibly get this certification if i'm overseas? Any ideas?

What shall be done in my case?

 

[Penguin_ie 5,994]

**** Moving from USCIS to General Imigration ****

The U visa is not really meant for situations such as yours, and presumably you have no hard evidence/ police and doctors report of what happened. Your best bet is to move to a different city or even better a different country in Europe which allows citizens of your country.

[xeviera 0]

and presumably you have no hard evidence/ police and doctors report of what happened.

There are illegal proceedings against me underway. The whole prosecution case, including the psychiatric report and stuff.

[canadian_wife 1,822]

What country are you from?

[LIFE'SJOURNEY 970]

What Prevents Any Foreign National From Claiming This Status By Saying They Were a Victim of a Crime?

A: A petition for U nonimmigrant status must also contain a certification of helpfulness from a certifying agency. That means the victim must provide a U Nonimmigrant Status Certification (Form I-918, Supplement B), from a U.S. law enforcement agency that demonstrates the petitioner "has been helpful, is being helpful, or is likely to be helpful" in the investigation or prosecution of the criminal activity.

It is always helpful to quote he entire content of a process raher than what it is that you wish it to say. therefore if the crimes against you didn't happen in the US or on US terriory I don't see how a US law enforcement agency will be of ant assistance to you.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1b15306f31534210VgnVCM100000082ca60aRCRD&vgnextchannel=ee1e3e4d77d73210VgnVCM100000082ca60aRCRD

[NigeriaorBust 4,087]

The part you highlighted about violating US laws. US laws only apply inside the US areas. Other countries can do as they please with their laws. As others have said unless these acts took place in a US controlled area you are not going to get a U visa to help US law enforcement.

[Darnell 8,478]

what country are you in, and what country are you from, and what country was your birthplace?

[xeviera 0]

It is always helpful to quote he entire content of a process raher than what it is that you wish it to say. therefore if the crimes against you didn't happen in the US or on US terriory I don't see how a US law enforcement agency will be of ant assistance to you.

The part you highlighted about violating US laws. US laws only apply inside the US areas. Other countries can do as they please with their laws. As others have said unless these acts took place in a US controlled area you are not going to get a U visa to help US law enforcement.

How would you both interpret this either or clause?

Victims of certain criminal activities that either occurred in the United States or violated U.S. laws may be eligible to petition for U nonimmigrant status to the U.S

That's not exactly correct. Nowadays US legal system is pretty international on some not so easily apparent plane.

What country are you from?

what country are you in, and what country are you from, and what country was your birthplace?

ru, ru, ru

What Prevents Any Foreign National From Claiming This Status By Saying They Were a Victim of a Crime?

A: A petition for U nonimmigrant status must also contain a certification of helpfulness from a certifying agency. That means the victim must provide a U Nonimmigrant Status Certification (Form I-918, Supplement B), from a U.S. law enforcement agency that demonstrates the petitioner "has been helpful, is being helpful, or is likely to be helpful" in the investigation or prosecution of the criminal activity.

That's precisely the very quintessence of this law system. There is always a door for those who know where it is..

Edited February 24, 2013 by xeviera

[NigeriaorBust 4,087]

You are trying to read things into the item you posted that aren't there. The U visa is a visa to allow people access to the US to help the US prosecute people that committed US crimes. You do not fall into that class of people.

[LIFE'SJOURNEY 970]

Because I know exacly the intent of the U visa. The US can not nor will it govern another country laws, if that was the case than entire populations of such countries as Cuba, Rowanda, China, Iraq, and many others would qualify for a U visa.

Also I have seen a U visa be put into use.

Edited February 24, 2013 by LIFE'SJOURNEY

[Darnell 8,478]

ru ? Russia ? yes? no ? if no, please spell out the entire country name (thanks in advance ? ! ? ! ! ! )

[canadian_wife 1,822]

ru? What's ru?

And the US legal system is not 'pretty international'. The US legal system applies to the United States. United States cannot prosecute crimes committed in other countires.

Nor can they apply their laws to crimes committed in other countries

good luck

[Sandra G. 5,048]

Xeviera you misunderstood the "U Visa" . The criminal activity that violated U.S. law" is regarding crimes that occurred in territories and possessions of the U.S.

The U visa status certification has to state the individual are being helpful or was helpful with the authorities investigating or prosecuting criminal activity that occurred in USA or territories and possessions of United States.

http://www.dhs.gov/xlibrary/assets/dhs_u_visa_certification_guide.pdf

Edited February 25, 2013 by sandranj

[Villanelle 4,122]

There is always a door for those who know where it is..

That may be true, but you are confused about what the U visa is. You are taking snippets from the guidelines and applying them with out looking at what the U visa is and ignoring what everyone is trying to tell you- Thats not what the U-visa is.

In plain English: The U visa is when a crime is committed and the immigrant can be a witness for the prosecution. The immigrant does not have to be in the US to apply for the U visa. The crime could have occurred in the US or in a US territory.

So lets look at your situation. What is the "crime?" (you were victimized and tortured) Does the US have a right to prosecute the "offender?" (the foreign gov that did it) No. Because the "crime" did not occur in the US or in a US territory. Therefore you will not be a witness for the prosecution because there is no case- so no U visa.

You may be eligible for some type of asylum or refugee immigration path. I really dont know. You really did not provide any details about why you were arrested (race/religion/political), you also said "There are illegal proceedings against me underway". If thats true, and they are currently underway- your main concern should be seeking immediate refugee now in any country that will accept you as Penguin posted in post #2 and not waste time trying to find what you may think is the 'best' country (the US)

[kzielu 1,149]

One quick question - why from all countries available around Ru you did choose US ?