U visa eligibility

[RAS2021 0]

I want to know if I am eligible for a U-visa knowing that i now reside overseas.

 

I was in the united states back in 2003 on a student visa (F-1) and I was shot while working in a gas station during an armed robbery, I was hospitalized and a surgery was done. after a month I flew back to my home country to visit family and I was denied entry at the airport ( I was allowed to withdraw my admission application I-275) and my student visa was cancelled.

 

I have helped the detective identify the person who shot me and attended the court one time before I travel back home.

 

Now after 18 years, can I apply for the U-visa?

 

 

 

 

[canadian_wife 1,822]

I’m so sorry that this happened.  However it is unclear whether you want to live in the US or simply visit.  Can you prove “substantial mental or physical abuse as a result of the crime”?  Do you have “information concerning that criminal activity”? Is the crime one of the eligible ones?  
 

good luck

[RAS2021 0]

I want to live in the US if they grant me the visa.

 

I can prove substantial mental or physical abuse as a result of the crime, I have been admitted to the hospital and had major surgery (I was lucky to stay alive). I still bare marks of the surgery and have the hospital records ( Henry ford hospital).

 

As far as I have read, the crime falls into the eligible ones. (Assault felony). The case is closed and I have the court order. The criminal was sent to prison for 5-10 years.

[RAS2021 0]

1 hour ago, canadian_wife said:

I’m so sorry that this happened.  However it is unclear whether you want to live in the US or simply visit.  Can you prove “substantial mental or physical abuse as a result of the crime”?  Do you have “information concerning that criminal activity”? Is the crime one of the eligible ones?  
 

good luck

thank you

[Chancy 6,241]

*** Moved from Work Visas to General Immigration-Related Discussion -- U visa is not a work visa, although a U visa holder may apply for work permit after US entry. ***

 

[Crazy Cat 41,888]

The U visa is a non-immigrant visa....but certain conditions apply.

Applying for a Green Card

You may be eligible to apply for a Green Card (adjustment of status/permanent residence) if you meet certain requirements, including:

• You have been physically present in the United States for a continuous period of at least three years while in U nonimmigrant status, and
• You have not unreasonably refused to provide assistance to law enforcement since you received your U visa.
• To apply for permanent residence (a Green Card) for yourself or a qualifying family member, visit our Green Card for a Victim of a Crime (U Nonimmigrant) page.
• PLEASE NOTE: Any qualifying family member who does not have a derivative U visa when the principal U nonimmigrant receives a Green Card is no longer eligible for a derivative U visa, but may still be eligible to apply for lawful permanent residence. 
• For information on extending your principal U visa to ensure your family member remains eligible for a U visa, please visit the T and U visa extension memorandum (PDF, 96.74 KB).

 

Edited September 2, 2021 by Crazy Cat

[Crazy Cat 41,888]

I would certainly consulate an attorney.

Edited September 2, 2021 by Crazy Cat

[RAS2021 0]

The thing is that I live outside of the US now, the case is closed and the criminal was sentenced 5-10 years of prison.

 

its a bit difficult to find an attorney that specializes in in US immigration law. I am looking though

[carmel34 3,633]

43 minutes ago, RAS2021 said:

The thing is that I live outside of the US now, the case is closed and the criminal was sentenced 5-10 years of prison.

 

its a bit difficult to find an attorney that specializes in in US immigration law. I am looking though

https://hackinglawpractice.com/

 

This firm is highly recommended by many VJ members.  Good luck!

[Boiler 45,525]

Did you obtain a certificate of helpfulness?

 

As an aside there is a backlog of 8? years for a U visa.

[Demise 1,289]

There's no time limit to file for U-visa, and there's no requirement for you to reside in US when you file for it, and yes you can do consular processing to obtain a U-1 visa into your passport. However, you won't be able to move to US until your case works its way through the backlog, whereas applicants in US will be given a prima facie determination and be placed in deferred action and get an EAD that way, so they can live and work in US legally while waiting, for the most part no interim benefits are given to applicants from abroad. Maybe and I am just thinking out loud here and don't quote me on this one, you could get USCIS to sign off on giving you humanitarian parole once they decide that your application fits the bill.

 

The list of requirements is as follows:

• You are the victim of qualifying criminal activity.
  • Yes, you were shot which would qualify as either attempted murder or attempted manslaughter or felonious assault
• You have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity.
  • Yes, you have, you were shot.
• You have information about the criminal activity. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may possess the information about the crime on your behalf (see glossary for definition of ‘next friend’).
  • Yes, you've provided the information, pointed the perpetrator out, and testified in court.
• You were helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may assist law enforcement on your behalf.
  • Yes, same as above.
• The crime occurred in the United States or violated U.S. laws.
  • Yes.
• You are admissible to the United States. If you are not admissible, you may apply for a waiver on a Form I-192, Application for Advance Permission to Enter as a Nonimmigrant.
  • Probably but even if you are inadmissible, the associated 212(d)(14) waiver can waive almost anything.

 

The hardest part will be just getting the law enforcement agency to sign off on your I-918 supplement B, but if they do then the case will be a cakewalk, well aside to having to just wait a few years.

 

Edited September 2, 2021 by Demise

[RAS2021 0]

Thanks a lot for the information

[RAS2021 0]

1 hour ago, Boiler said:

Did you obtain a certificate of helpfulness?

 

As an aside there is a backlog of 8? years for a U visa.

I didn’t, i just found out about the visa.

 

who can I contact to obtain one? I live overseas 

[Boiler 45,525]

The Police authority you dealt with.

[RAS2021 0]

Looks like obtaining isn't as straight forward as anything else. I tried to contact the police department and it seems nearly impossible to get it since  Iam overseas.

 

Is there an agency or a lawyer that can do that for me? (in Detroit)