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

[APGG94 35]

2 hours ago, Chancy said:

 

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

 

Thank you! 

[APGG94 35]

The purpose of me reaching out here is because VJ has helped me A LOT with my own case in the past and I thought there would be valuable advice for this situation... not accusations. I came across info about the U visa while researching if he could use her immigration status against her as retaliation for leaving — something he has done many times before. I was asking family and friends, then took it to Google and VJ. But it’s disheartening to be accused of trying to do something when that’s not the case at all. I haven’t slept in almost 20 hours because I’m worried sick for her. I was just trying to think on my toes and do something, anything at all to help her. 
 

Thank you to everyone who did offer valuable advice! I really appreciate it. 

[Lemonslice 4,569]

18 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. 

How do you know she won't get approved?     Are you a lawyer, or anyone with experience with U visas?

[Marieke H 2,324]

2 minutes ago, Lemonslice said:

How do you know she won't get approved?     Are you a lawyer, or anyone with experience with U visas?

Exactly. And also: We don't know the details of the case. There may be more that OP chose not to post here. And the sister may not have told OP everything that has happened. Applying for a U visa and finding out if she qualifies definitely isn't fraud.

 

7 minutes ago, replaysports said:

You CAN help her buy a plane ticket back home, where she belongs and start a legal immigration process

You mean the "home" she was taken away from when she was brought here as a child?

[ColumbusKat 44]

OP, I'm sorry this obnoxious poster continues to be so rude in what is obviously a very stressful time for you and your family.  I am glad your sister has gone to a hotel and that she has such a supportive family to help her.  I would reach out to a local pro bono attorney (legal aid group) asap.  As it is now the weekend, I would call a Salvation Army, women's shelter, or similar organization to see if there are any social workers or victim advocates that could help guide your sister on her next steps until you both can speak with an attorney.  There should be someone in Florida that could go with her to file a report if she does not want to go alone. 

 

I have worked with several men and women who have received U-visa's and T-visa's and for some, from the little I know of their story, I am surprised they were able to receive it.  However, that is the point: it is the little I know.  We do not know enough about your sister's situation to judge, thus why lawyers spend so much time interviewing clients to assess what is the best path for them. 

 

I hope your sister the best. 

[millefleur 5,038]

**Locked fro review**

 

VJ Moderation

[Ontarkie 13,925]

~~Several posts Violating the TOS,  badgering and being argumentative have been removed. Admin action taken. Stick to providing the OP with actual help. Anything else will earn you a suspension.~~

~~Thread is now reopened~~

Edited January 9, 2021 by Ontarkie

[Boiler 43,619]

Anybody interested in the U Visa might want to read up on the case of 21 Savage. One of the reasons I think the OP's Sister would not have too much of an issue. Now they are currently numerically limited and there are a lot of people waiting.

 

https://en.wikipedia.org/wiki/21_Savage

[Villanelle 4,121]

General information can be found at- https://www.uscis.gov/humanitarian/victims-of-human-trafficking-and-other-crimes/victims-of-criminal-activity-u-nonimmigrant-status  . Oddly earlier in the thread part of that link was posted (the 6 bullet points of eligibility). Further down on the page linked it outlines "qualifying criminal activities" in which domestic violence is listed. USCIS has a very specific definition of domestic violence. One act of physical violence is enough. For those that dont agree with that definition feel free to write your congressman and explain you feel people should be able to physically strike their partners as long as its only once, or not that often. 🙄

 

Again the U visa is a viable path here as long as the crime is reported to the police/its prosecuted (out come irrelevant)/and the appropriate law enforcement agency fills out the required form needed (i918)

 

As for the overall process- One would apply for the U visa. As explained previously there is a 10k cap on how many U visas can be issued each year. This results in their being a rather long waiting list. So one would apply for the U visa and if you are deemed eligible but they cant issue it because of the cap you are placed into deferred action status. You can get an EAD (c14) based on such. You should expect to remain on the waitlist for 3-5 years. Once you are approved for the U visa its for 4 years status (and includes work privileges). After 3 years of holding the U visa you can apply for a GC. 

 

The biggest struggle most have is getting the i918 filled out by the appropriate person. As explained every jurisdiction does that a bit differently. Some say the sheriff or police fill it out, other places the prosecutor is the one who does it. An attny can help if you are having difficulty getting the proper person to fill it out. 

[APGG94 35]

5 hours ago, Villanelle said:

General information can be found at- https://www.uscis.gov/humanitarian/victims-of-human-trafficking-and-other-crimes/victims-of-criminal-activity-u-nonimmigrant-status  . Oddly earlier in the thread part of that link was posted (the 6 bullet points of eligibility). Further down on the page linked it outlines "qualifying criminal activities" in which domestic violence is listed. USCIS has a very specific definition of domestic violence. One act of physical violence is enough. For those that dont agree with that definition feel free to write your congressman and explain you feel people should be able to physically strike their partners as long as its only once, or not that often. 🙄

 

Again the U visa is a viable path here as long as the crime is reported to the police/its prosecuted (out come irrelevant)/and the appropriate law enforcement agency fills out the required form needed (i918)

 

As for the overall process- One would apply for the U visa. As explained previously there is a 10k cap on how many U visas can be issued each year. This results in their being a rather long waiting list. So one would apply for the U visa and if you are deemed eligible but they cant issue it because of the cap you are placed into deferred action status. You can get an EAD (c14) based on such. You should expect to remain on the waitlist for 3-5 years. Once you are approved for the U visa its for 4 years status (and includes work privileges). After 3 years of holding the U visa you can apply for a GC. 

 

The biggest struggle most have is getting the i918 filled out by the appropriate person. As explained every jurisdiction does that a bit differently. Some say the sheriff or police fill it out, other places the prosecutor is the one who does it. An attny can help if you are having difficulty getting the proper person to fill it out. 

I appreciate you! Thank you. She has since reported the assaults and contacted victim advocates in her area to assist her with court visits and resources to help her out until we can get her here. Especially the i918 that you and many others have mentioned. I’m okay with taking care of her while we await a response after submitting her application. 
 

From what I understand, she would apply for the EAD after a notice of eligibility and not NOA because of deferred action?

[Villanelle 4,121]

On the forums a lot of acronyms are used some of which are 'slang' and not official USCIS terminology or abbreviated terms.  Almost every form or document including letters they send you has a form number of numbers/letters/or both. Very similar to what you see when filing with the IRS (1040, W2, 1099 etc). 

 

Form 797 NOA is the form they use to communicate with you. There are several types of 797s you may get during the process. It can be titled 797 only or have a letter on the end (797A, 797B,etc). In the guides on VJ you may see them referred to as NOA1 and NOA2. 1 referring to the first notice (the receipt) 2 referring to the approval notice.  But as mentioned those terms (NOA1 and NOA2) are forum specific terms. 

 

When you file the U package you will get a receipt. This is your first NOA. 797C. It will have a case number on it so you can track the case online. You would then get a biometrics appt notice and if anything additional is needed an RFE. Then once the case is processed and approved a NOA is sent stating such approval and the U visa is then issued if available. As explained there is a cap on how many U visas can be issued each fiscal year. I believe they are currently working on those who were approved in 2015 (!!) so you are looking at a 3-5 yr wait apx. Those who are "approved" and waiting for a visa to become available are given deferred action status which allows them to get a c14 EAD card to work during the wait. When the U visa is available it will be issued and it comes with its own EAD. 

 

It is important to note that unlike the family based process (in which when you send your AOS package you are placed in a period of authorized stay) when one files the U visa there is no such provision. The immigrant has no status while its pending approval and being processed. Until you get approval/deferred action while you wait for the U to actually be issued or the actual U visa issued you are subject to removal or detention. Under the current Trump admin having a U pending is not grounds for a stay of removal so one needs to be careful to avoid ICE checkpoints (usually near borders) and of course avoid getting into any kind of legal troubles which could impact their eligibility to adjust status.

 

From my understanding its recommended to file for the c14 EAD in your initial U visa package - it wont be issued until the U is approved and you are given deferred action and placed on the wait list for a visa to become available though. Speak to the attny helping with the process about this. You mentioned the victims advocate helping get the i918 which is great but the victims advocate is most likely not qualified to assemble and submit the U package. There may also be additional forms you need to submit with the package if there are any inadmissibility issues like entering w/o inspection.  There are various pro bono attnys/agencies that can help but due to workload often they are not able to take on every case which means you either have to do it w/o an attny using online guides and resources like VJ or pay out of pocket to hire one, sometimes you can negotiate reduced fees, other times you cant- so unless you have some savings you may need to borrowing money from friends or family or obtain a loan/max out credit card. 

 

There are many guides online you can find pretty easily with google outlining the general process. If you have any questions or are confused or concerned that your attny is not doing something properly you can post in the forums for advice or opinions. Ideally you should encourage your sister to join the forums as this is her process. I do not think there is a specific subforum for the U visa on VJ but she may benefit from reading/participating in the VAWA thread (in the effects of major changes subforum) as it contains users who are victims of abuse. While she is not doing the same forms as that process connecting with others who have experienced abuse and are also now struggling with overcoming said abuse along with the anxiety of the immigration process can be helpful. She should also seek out local counseling or a local DV group for support.  Also FYI there is also a user named Sandranj - an angel in the form of a probono VAWA attny who gives more then seemingly possible- that primarily posts in the VAWA thread. You can reach out to her in the VAWA thread or by tagging her if you have a specific question or concern about how your case is being handled by your attny or if you are unable to secure an attny and are unsure of a specific aspect (to tag type @ and the user name- ex- @APGG94 )