Help - distraught for family, need advice [merged threads]

[Timona 4,207]

27 minutes ago, APGG94 said:

Thank you so much for this insight! I’ll search for pro bono attorneys near her. I’m assuming she will have to stay in Florida in order to go through will a case against him? We are working out a living arrangement for her in the meantime. Still encouraging her to file the police report today. 
 

do you know if she can come here to Texas and file for U visa after the case? Still lost about how it all works but researching. 

 

From what you've been told, any chances of the U visa hinges know this.  So she SHOULD do it. 

[Chancy 6,241]

27 minutes ago, APGG94 said:

do you know if she can come here to Texas and file for U visa after the case? Still lost about how it all works but researching.

 

Here's the official guidelines for applying for U Non-immigrant Status (U Visa) -- https://www.uscis.gov/humanitarian/victims-of-human-trafficking-and-other-crimes/victims-of-criminal-activity-u-nonimmigrant-status

 

Please note that your sister cannot pursue this without the cooperation of a law enforcement agency as there is a required form that must be filled out by them.  That agency must have "responsibility for the detection, investigation, prosecution, conviction, or sentencing of the qualifying criminal activity of which the petitioner was a victim."

 

From the info you shared, the qualifying criminal activity is domestic violence.  It would be best to seek help from a law enforcement agency in Florida that has jurisdiction over the investigation of the DV case of which your sister was the victim.

 

[TBoneTX 45,267]

Parallel threads have been merged.  Please start just one thread per topic and be patient for answers.

[APGG94 35]

10 minutes ago, replaysports said:

How has she been working while in the US? And a U visa would still not grant her to work, and she would have to go back home, why doesnt she just go back home? 

She was living with family who supported her before moving in with abusive bf. 

34 minutes ago, TBoneTX said:

Parallel threads have been merged.  Please start just one thread per topic and be patient for answers.

My apologies!

[APGG94 35]

1 hour ago, Chancy said:

 

Here's the official guidelines for applying for U Non-immigrant Status (U Visa) -- https://www.uscis.gov/humanitarian/victims-of-human-trafficking-and-other-crimes/victims-of-criminal-activity-u-nonimmigrant-status

 

Please note that your sister cannot pursue this without the cooperation of a law enforcement agency as there is a required form that must be filled out by them.  That agency must have "responsibility for the detection, investigation, prosecution, conviction, or sentencing of the qualifying criminal activity of which the petitioner was a victim."

 

From the info you shared, the qualifying criminal activity is domestic violence.  It would be best to seek help from a law enforcement agency in Florida that has jurisdiction over the investigation of the DV case of which your sister was the victim.

 

Thank you! She is heading to the police station now to file a report. Is this what you mean by law enforcement agency?

[Chancy 6,241]

17 minutes ago, APGG94 said:

She is heading to the police station now to file a report. Is this what you mean by law enforcement agency?

 

It's good that you were able to persuade your sister to file a police report.  Please also seek help from a lawyer to advise you and your sister on the U visa process, including the appropriate agency to fill out the certification form.  For your reference, the form instructions are here -- https://www.uscis.gov/I-918

 

[Boiler 45,468]

I may have missed it, which State is she in.

[Boiler 45,468]

3 minutes ago, replaysports said:

But that still doesn't resolve the question of how will she ever support herself here if she is illegal and can NEVER work , eventually the family members will pass on, who will "support" her then!? She should move back to her home coutry where she is entitled to live and work without issue!? How can this site promote immigration fraud!? This should be for legal immigration issues... not how to allow fraud to take place...

Pretty sure U application comes with an EAD.

[Chancy 6,241]

9 minutes ago, replaysports said:

How can this site promote immigration fraud!? This should be for legal immigration issues... not how to allow fraud to take place...

 

The U visa process is a perfectly legal path for those who are qualified.  Please do your research before posting accusations.  We do not condone immigration fraud, but it is not for us to judge those who come here seeking legal means to stay in the US.

 

[Chancy 6,241]

22 minutes ago, Boiler said:

Pretty sure U application comes with an EAD.

 

Not quite - U visa is non-immigrant.  But after gaining U status, the applicant may adjust status to PR if they meet eligibility requirements.

 

[Timona 4,207]

1 hour ago, Boiler said:

I may have missed it, which State is she in.

Florida

[Boiler 45,468]

https://immigrantjustice.org/sites/default/files/uploaded-files/no-content-type/2018-10/FrequentlyAskedQuestions_U Visa_2018_10.pdf

 

A helpful checklist and it does mention EAD

[Chancy 6,241]

20 minutes ago, Boiler said:

A helpful checklist and it does mention EAD

 

You're right -- petition for U status does grant EAD.  But the petition must be approved first before EAD is granted, not a parallel benefit while the petition is being adjudicated.

 

From https://www.uscis.gov/sites/default/files/document/forms/i-765instr.pdf --

"U-1 Nonimmigrant--(a)(19). If you are currently residing in the United States and your Form I-918, Petition for U Nonimmigrant Status, is approved, you will receive employment authorization incident to status and USCIS will send you an EAD as evidence of that authorization. You do not need to file Form I-765."

 

[replaysports 41]

20 minutes ago, Chancy said:

 

You're right -- petition for U status does grant EAD.  But the petition must be approved first before EAD is granted, not a parallel benefit while the petition is being adjudicated.

 

From https://www.uscis.gov/sites/default/files/document/forms/i-765instr.pdf --

"U-1 Nonimmigrant--(a)(19). If you are currently residing in the United States and your Form I-918, Petition for U Nonimmigrant Status, is approved, you will receive employment authorization incident to status and USCIS will send you an EAD as evidence of that authorization. You do not need to file Form I-765."

 

its 99.99% wont get approved.. this is put in place for illegal immigrants that were brought into the united states by human traffickers and are being abused to massive human trafficking rings and one of the individuals managed to leave and now will work with law enforcement to bring the ring down, and because they are illegal the U visa will make the individual feel safe that if they cooperate and help bring down the ring they will not be deported, and have a chance to LPR.

 

If every illegal immigrant that got beat up, even if more than once to a single individual is granted U Visas there would be tens of millions applications each year... at most this is a single domestic violence case where if the BF is convicted he can go to jail, but the female is still illegally in the country and could/should be deported. 

Edited January 8, 2021 by replaysports

[discoverusa 258]

3 minutes ago, replaysports said:

its 99.99% wont get approved.. this is put in place for illegal immigrants that were brought into the united states by human traffickers and are being abused to massive human trafficking rings and one of the individuals managed to leave and now will work with law enforcement to bring the ring down, and because they are illegal the U visa will make the individual feel safe that if they cooperate and help bring down the ring they will not be deported, and have a chance to LPR.

 

If every illegal immigrant that got beat up, even if more than once to a single individual is granted U Visas there would be tens of millions applications each year... at most this is a single domestic violence case where if the BF is convicted he can go to jail, but the female is still illegally in the country and could/should be deported. 

I used to volunteer at immigration non-profit and U visas for domestic violence were very common. You may not like it, but those visas are being successfully obtained due to DV.