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

[APGG94 35]

I’ve posted on here about my family situation before seeking advice for family who are out of status.

TW: physical assault. 
 

My sister is out of status (came to US as a child and was left here by parent, now an adult) and lives with boyfriend (American). Yesterday I had to get her a hotel room for the night because he physically assaulted her. She came home to a woman in their bed and when confronted, he punched her. I’m proud of her for packing her things and leaving. She later confessed that he has been beating her for a year. I’m sick to my stomach. She lives in Florida and I live in Texas. I’m a green card holder. 
 

Some research led me to her filing for the U visa (another family member has mentioned applying for this visa as well but I wasn’t familiar with it). I guess I just want some advice about helping her. I encouraged her to file a police report in the morning. I offered to fly her here to Texas so we can figure out what to do. I don’t care if I have to take care of her while we figure it out. Can she apply for U visa from here in Texas? Even though the abuse occurred in Florida? Please share any advice you have. 

Edited January 8, 2021 by TBoneTX
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[APGG94 35]

Just bumping because of time sensitive nature of this issue. Any advice would be greatly appreciated...

[Adventine 3,187]

I am sorry about your sister's situation. I don't know much about U visas, unfortunately.

 

My personal take: her physical safety is more important than anything right now. Get her to your home in Texas if that's what it takes to get her away from the domestic violence, gives her a safe space to heal, and buys time for you both to come up with a plan. 

[APGG94 35]

2 minutes ago, Adventine said:

I am sorry about your sister's situation. I don't know much about U visas, unfortunately.

 

My personal take: her physical safety is more important than anything right now. Get her to your home in Texas if that's what it takes to get her away from the domestic violence, gives her a safe space to heal, and buys time for you both to come up with a plan. 

Thank you. I currently have her staying at a hotel. We’re trying to do the smart thing now so because he is threatening her saying he will contact ICE. 

[PaulaCJohnny 712]

15 minutes ago, APGG94 said:

I posted a few hours ago but got no hours so I’m posting again in hopes that someone sees...

 

 

I’ve posted on here about my family situation before seeking advice for family who are out of status.

TW: physical assault. 
 

My sister is out of status (came to US as a child and was left here by parent, now an adult) and lives with boyfriend (American). Yesterday I had to get her a hotel room for the night because he physically assaulted her. She came home to a woman in their bed and when confronted, he punched her. I’m proud of her for packing her things and leaving. She later confessed that he has been beating her for a year. I’m sick to my stomach. She lives in Florida and I live in Texas. I’m a green card holder. 
 

Some research led me to her filing for the U visa (another family member has mentioned applying for this visa as well but I wasn’t familiar with it). I guess I just want some advice about helping her. I encouraged her to file a police report in the morning. I offered to fly her here to Texas so we can figure out what to do. I don’t care if I have to take care of her while we figure it out. Can she apply for U visa from here in Texas? Even though the abuse occurred in Florida? Please share any advice you have.

Sorry for her situation.  I hope she get out of this soon.

 

Where is she from? How she enter to the US? With a visa like tourist or no visa at all?

[APGG94 35]

1 minute ago, Paula&Johnny said:

Sorry for her situation.  I hope she get out of this soon.

 

Where is she from? How she enter to the US? With a visa like tourist or no visa at all?

Tourist visa, Grenada. 

[PaulaCJohnny 712]

6 minutes ago, APGG94 said:

Tourist visa, Grenada. 

U Visa is really difficult to obtain. The limit of visas is about 10.000 per year.

 

She will need medical report, police report and everything she have to prove the abuse. 

 

The problem here is that she is out of status for many years (I guess). So I really don't know if this will affect the application.

 

I believe this is not a DIY case and the best option is contact a good imigration lawyer. 

 

Wishing her the best

[APGG94 35]

7 minutes ago, Paula&Johnny said:

U Visa is really difficult to obtain. The limit of visas is about 10.000 per year.

 

She will need medical report, police report and everything she have to prove the abuse. 

 

The problem here is that she is out of status for many years (I guess). So I really don't know if this will affect the application.

 

I believe this is not a DIY case and the best option is contact a good imigration lawyer. 

 

Wishing her the best

Thank you! I’ll look for a lawyer who may have answers. 

[PaulaCJohnny 712]

Just now, APGG94 said:

Thank you! I’ll look for a lawyer who may have answers. 

Great. Look for one who have experience with U Visa. 

[APGG94 35]

3 minutes ago, Paula&Johnny said:

Great. Look for one who have experience with U Visa. 

Okay I’ll make sure to ask that. 

[Villanelle 4,121]

The U visa is a complex process. It can be done w/o an attny but most get help from a pro bono attny. The most important thing to understand though is to get a U visa you need a form filled out by law enforcement/judge/prosecutor stating you were a victim of a crime and are helping in the prosecution of such. In some places the sheriff does this, in other places its the prosecutor. In some jurisdictions it can be difficult to get this form signed so a pro bono attny or helpful victims advocate worker can be helpful in getting this for you. With out that form though you cant move forward with a U visa. The numerical limits stated above can be misleading, it doesnt mean she cant get one but rather she may have a long wait because only X amount are issued each year. 

 

So the first thing you need to do is report the crime. You can speak with the victim advocate about the U visa and if they are not helpful seek out a local pro bono attny to try to help you. Use google- any pro bono attny that does VAWA will also be familiar with the U process. Catholic charities often can give referrals or your state bar association. 

[Timona 3,950]

I am not familiar with DACA, but doesn't she qualify? That would at least help her get EAD and work. Those are the most important stuff.

How old is the sister? And when did she come to the US?

[APGG94 35]

24 minutes ago, Villanelle said:

The U visa is a complex process. It can be done w/o an attny but most get help from a pro bono attny. The most important thing to understand though is to get a U visa you need a form filled out by law enforcement/judge/prosecutor stating you were a victim of a crime and are helping in the prosecution of such. In some places the sheriff does this, in other places its the prosecutor. In some jurisdictions it can be difficult to get this form signed so a pro bono attny or helpful victims advocate worker can be helpful in getting this for you. With out that form though you cant move forward with a U visa. The numerical limits stated above can be misleading, it doesnt mean she cant get one but rather she may have a long wait because only X amount are issued each year. 

 

So the first thing you need to do is report the crime. You can speak with the victim advocate about the U visa and if they are not helpful seek out a local pro bono attny to try to help you. Use google- any pro bono attny that does VAWA will also be familiar with the U process. Catholic charities often can give referrals or your state bar association. 

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. 

[APGG94 35]

15 minutes ago, Timona said:

I am not familiar with DACA, but doesn't she qualify? That would at least help her get EAD and work. Those are the most important stuff.

How old is the sister? And when did she come to the US?

She is now 22. Been in US since 2013 when she was 15, so 7 years. I think to qualify for DACA she would have had to be here since 2008? Not sure. 

[Timona 3,950]

5 minutes ago, APGG94 said:

She is now 22. Been in US since 2013 when she was 15, so 7 years. I think to qualify for DACA she would have had to be here since 2008? Not sure. 

 

Last I read, it was July 15th, 2012, I think. Nonetheless, she doesn't qualify 

Edited January 8, 2021 by Timona