can someone get a green card by being attacked in USA?

[S_R 148]

I would think that the victim would be in a hurry to depart from the United States asap back to the safety of his home country. Why would he want to get a u visa to stick around in a place he is being threatened?

Edited September 29, 2015 by S_R

[Boiler 46,336]

It does exist the U visa for victims of a crime, having a phone and money stolen is not a sufficient reason to have the U visa granted at all. The victim should suffer substantial physical injury or mental anguish,the person has to file a police report, help the police or the prosecutor and then get a U VISA CERTIFICATION to submit along with U visa stating the victim collaborated with the police or prosecutor.

Read here about showing substantial abuse.

http://www.asistahelp.org/en/access_the_clearinghouse/u_visa/eligibility_for_u_visa/

Here is the list of the crimes: murder, manslaughter, vehicular homicide, robbery, felonious assault, and domestic violence, criminal restraint, kidnapping, abduction, being held hostage, forced labor, slavery, human trafficking, indentured or debt servitude, and false imprisonment,perjury, witness tampering, withholding evidence,rape, incest, sexual trafficking, sexual assault and abusive sexual contact, prostitution, sexual exploitation, and female genital mutilation,.

Sandra, I have a feeling you did not read my reply as you have mentioned similar information.

We all know that a lot of this is just a game, see the hardship levels for the I 601 and even COR. I have been surprise at what constitutes Extreme and Unusual Hardships. Never mind all the dubious approved VAWA cases. Most is about presentation it seems. He has the basics and I have seen similar cases approved.

Edited September 29, 2015 by Boiler

[Boiler 46,336]

I would think that the victim would be in a hurry to depart from the United States asap back to the safety of his home country. Why would he want to get a u visa to stick around in a place he is being threatened?

Why, they just won a GC?

[Sandra G. 5,079]

Boiler I am an attorney since 1988 and I don't see anything regarding immigration law as a game.My information is based in the Law and legal facts.

If someone asks me do I have a U case? I will not take someone money and lie to the person saying yes you have a U case when the person has not a U case at all,like the case mentioned here.Demanding a cell phone and money using a weapon can be considered a ferocious assault, nope.

Edited September 29, 2015 by sandranj

[Sandra G. 5,079]

Demanding a cell phone and money using a weapon and causing body injury can be considered a ferocious assault,? YES. But I didn't read anything here about injury.

[Sandra G. 5,079]

Imagine 12 millions of illegals going to the police station to say "I had my cell phone and money stolen.No injuries at all, and I need a U certification for my U case" ! WOW we discovered here how to legalize all of them...Please give me a break. USCIS is a serious Federal Agency.

[Sandra G. 5,079]

Please read "12 million illegal Immigrants".I was using my phone and I misspelled some words ,lol

[Boiler 46,336]

Boiler I am an attorney since 1988 and I don't see anything regarding immigration law as a game.My information is based in the Law and legal facts.

If someone asks me do I have a U case? I will not take someone money and lie to the person saying yes you have a U case when the person has not a U case at all,like the case mentioned here.Demanding a cell phone and money using a weapon can be considered a ferocious assault, nope.

Felonious Assault.

http://www.shouselaw.com/assault-firearm.htmlFor those who are interested about the CA definition.

I can only go on the posts I have seen from people who have gone through the process. I tend to be suspicious about a one off, when I see a similar pattern repeated then I tend to believe the posters stories.

I assumed initially that there was a very high bar for a U Visa and I can see that many other people posting here did so as well.

Simply not the case from examples I have seen.

Like many similar situations you do not need to show the physical impact, no need to see the bullet holes in this case. A bullet hole would undoubtedly help. I have had a gun pointed at me in an attempted robbery, I can imagine it would not be that difficult to come up with a case.

I mentioned the I 601 as an example because initially I also thought that was a high bar as well, obviously not so when reputable Lawyers offer a money back guarantee for simple overstay cases. The success rate for well prepared waivers is phenomenally high. Makes no real sense to have such a process.

COR well surely that must be a one in a million but yet again I have seen too many cases approved where if you believe the posted facts it seemed a very long stretch to qualify.

We will just have to disagree on my game comment, perhaps I have just lived too long and spent too long dealing with Government and other major Bureaucracies and have become too cynical. I use to have a lot of dealings in the commercial law sector....

[Boiler 46,336]

Imagine 12 millions of illegals going to the police station to say "I had my cell phone and money stolen.No injuries at all, and I need a U certification for my U case" ! WOW we discovered here how to legalize all of them...Please give me a break. USCIS is a serious Federal Agency.

The short answer is that visa numbers are limited and there’s a substantial waitlist.

Congress capped the number of U visas at 10,000 per year (INA § 214(p)(2); 8 C.F.R. § 214.14(d)(1)). This means that only 10,000 applicants may be granted U visas each fiscal year. Only principal applicants (U-1) are counted toward the 10,000 visa cap. Derivatives (U-2, U-3, U-4, and U-5) are not counted towards the cap. A backlog has developed because the demand for U visas exceeds the supply.

If you apply for a U visa today, you can expect to wait at least nine months for USCIS to determine whether you are eligible for the U visa. To check average processing times for U visas and other applications, click here, but remember that individual processing times may vary significantly from case to case. If your application is approvable, U.S. Citizenship and Immigration Services (“USCIS”) will place you on a waitlist until a visa number becomes available (8 C.F.R. § 214.14(d)(2)). The older the petition, the higher the priority. New visa numbers become available every October 1, which is the start of the government’s fiscal year. To give you an idea of the wait time, at WLG, we’ve recently received approval notices for applications that were filed in 2012.

So what happens in the meantime? If you are on the wait list, USCIS will issue a deferred action notice to you. This notice merely indicates that you are the waitlist for an approval; it does not constitute an approval of your U visa application. If you are under deferred action, you are eligible to apply for employment authorization and you are designated as a low priority for deportation from the United States. To date, USCIS has not announced a policy on whether it will count the time spent under deferred action towards the three year continuous presence requirement for U visa holders to adjust status to lawful permanent residents.

While frustrating, the delay should not deter you from applying for the U visa if you are eligible. It is one of the only nonimmigrant visas to provide a pathway to residency and, potentially, citizenship. In addition, the U visa’s accompanying waiver waives grounds of inadmissibility that would otherwise bar many individuals from becoming residents. The U visa continues to be a great benefit for many people despite the backlog.

Check back on our immigration blog for further updates on the cap issue. If you have any questions regarding your eligibility for a U visa, do not hesitate to schedule a consultation with one of our immigration attorneys!

https://wilsonlg.com/immigration/blog/why-it-taking-so-long-get-my-u-visa

[southcoast 27]

Boiler I am an attorney since 1988 and I don't see anything regarding immigration law as a game.My information is based in the Law and legal facts.

If someone asks me do I have a U case? I will not take someone money and lie to the person saying yes you have a U case when the person has not a U case at all,like the case mentioned here.Demanding a cell phone and money using a weapon can be considered a ferocious assault, nope.

The crime would not be defined as demanding a cell phone and money. He did it at the point of a gun. That is robbery which is one of the crimes on the list you quoted.