U VISA - Can she file & granted?

[URgreat 0]

Hello !

I am glad I found this great forum where people help each other to achieve their goals !

I want to check about U Visa.

I have a cousin & she is living in USA for over 6 years (legally on H4).

Few months back she had a incident in her backyard. One guy came from somewhere (may be under influence of some drug) and slipped into her back yard.

Suddenly it were cops all over.

Cops also entered her backyard as well as neighborhood to catch him. It was too scary.

He started firing. Bullet could easily hit inside the home.

Cops also fired. They asked everyone to be inside. But for her it was happening like behind her master bedroom window. Cops also broke the backyard wall also to enter the backyard.

She got too scared. She was all alone at home. She was pregnant at that time may be 4-5 month. She was under depression for next couple of days.

Eventually Due to all this she had miscarriage and lost her baby.

I want to check if she can file for U visa? What do u think she can qualify for the U VISA?

But cops never spoke to her but we can get any report that can help.

Please share your experiences & Please guide me for the process so that I can help her.

Thank you all for the help !

[SingleDad2usc 71]

Hopefully, the intruder survived... If DA wants her testimony during his prosecution, and she agrees to co-operate, then YES - no matter what happens after she signs agreement with DA, she'll be eligible for U-visa certification

[belinda63 3,038]

http://www.usimmigrationsupport.org/visa-u.html is the link stating the qualifications.

[URgreat 0]

Hopefully, the intruder survived... If DA wants her testimony during his prosecution, and she agrees to co-operate, then YES - no matter what happens after she signs agreement with DA, she'll be eligible for U-visa certification

It happened couple of months back. Nobody/Cops contacted her for any help or her testimony.

What can be done now?

Can she get the U-visa certification now ? From whom?

What is DA? Could be local police?

Thanks !

[URgreat 0]

http://www.usimmigrationsupport.org/visa-u.html is the link stating the qualifications.

Thank You !

As the link says...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

I guess she can file on the basis of hostage situations. What do you think?

Do we any experiences related to U Visa on the forum from where i can learn what is needed & where to get that documentation in order to file?

Could somebody pls explain me the steps of this process like how much time it takes, when she can get EAD, fee, when she will be eligible to file green card etc

Thank you for your great help.

[SingleDad2usc 71]

The shooter had to be prosecuted by District Attorney office. She needs to contact them, if she can contribute evidence

[Harpa Timsah 13,258]

Her testimony will not help them find or convict this person, so the answer is no.

[SingleDad2usc 71]

True. It seems DA office wasn't interested in her (as any part of their criminal case). So she's not eligible for U-visa certification.

She maybe eligible for award from Victim Compensation Fund. In any case, if she is looking for financial compensation from the incident, she should consult a civic lawyer

[URgreat 0]

Her testimony will not help them find or convict this person, so the answer is no.

True.

But what about her suffering she faced due to incident. I don't think somebody needs to be detective or something to file a U visa claim.

She witnessed a crime that made her to suffer big way. This can't be the base for the claim?

[URgreat 0]

True. It seems DA office wasn't interested in her (as any part of their criminal case). So she's not eligible for U-visa certification.

She maybe eligible for award from Victim Compensation Fund. In any case, if she is looking for financial compensation from the incident, she should consult a civic lawyer

She want to apply U visa based on her suffering not financial compensation.

I am trying to explore her eligibility.

[Sandra G. 5,048]

URgreat in order to be eligible to get U visa she has to prove she was victim of a crime that occurred in the United States,and she was helpful to the police or law enforcement, and that she was hurt, either physically or mentally, because of the crime. The police didn't even contact her, then she does not qualify for U visa, just being a witness is not enough ok.

[Umka36 781]

Q: 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.

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

[belinda63 3,038]

Was she a victim of a crime? NO She suffered damage from witnessing the actions. She can file a civil suit.

[SingleDad2usc 71]

To add to Sandra's direct answer:

1. Prosecution had enough evidence without her.

2. One of the reasons she (and others in the area) were not contacted - was exactly what I'd touched upon. People could have civil claims for damages, including against the police.

I have another question: after apprehending the shooter, have the police gone door to door to make sure no one got shot with a stray bullet, or had a heart attack?

[belinda63 3,038]

Let me give you a real life example. A co-worker (and he had video) had an incident in the building next to his and everyone was instructed to remain inside, hence the video since he missed work. Attempt to serve a summons, supposed single shot fired, police retreat to courtyard of building, evacuate building and secure area, launch tear gas into the apartment, fire breaks out, several apartments damaged, suspect dead.

The police are not required to do a door-to-door inquiry as to the health of everyone in the area. They aren't required to do anything other than secure the area. The people who's apartments were burned up, tough luck unless they file a civil suit. The apartment owner, tough luck unless he files a civil suit. None of them were considered to be victims of a crime.