APGG94

11 minutes ago, Boiler said:

So 10 year ban kicks in when she leaves.

Okay thank you!

18 minutes ago, Boiler said:

Does she have DACA and if so from what age?

No DACA, didn’t meet requirements for time of arrival then applications stopped is what I’m told. 

Asking for a friend — 

She’s been in the US for 9 years. Entered at age 14 on a tourist visa. Her grandmother (US citizen) then petitioned for her father (grandmas son) to get a green card that same year. Herself and other siblings were on the petition. Last month, their family received notice of their interview. She’s now 23. 
 

The problem is she never left the US after entry on the tourist visa. She attended high school in the US. She is wondering if she can go home to attend her immigration interview and re enter the US without a ban. 
 

Does it count as overstay if they had papers processing? 
 

Any advice would be helpful. Her interview is in 5 days. 

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?

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! 

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?

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!

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. 

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. 

3 minutes ago, Paula&Johnny said:

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

Okay I’ll make sure to ask that. 

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. 

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. 

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. 

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

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. 

On 11/13/2020 at 3:49 PM, Thu Truong said:

May I ask when did you sent your package? I sent my package on Oct 23rd, arrived on Oct 27th. I have not seen them cash money from my credit card or received any mail. 

Sorry I’m just seeing this!!!! They cashed my money 3 weeks later. I was a wreck waiting but things were so backlogged. Hoping you heard from them since! 

5 minutes ago, Genski92 said:

Maybe they didnt touch your packet yet.

As what i read ROC take longer than AOS. Back then we we're able to get a confirmation text that they received our packet within 1 week to 2 weeks but now i think it might take a lil longer, i hope not.

Thanks for the reassurance. A 2 week wait is gonna be a disaster for my anxiety but I’ll try to stay calm. 

I also didn’t mark N/A on every question such as the translator/interpreter questions... will this be a problem??? I feel like I didn’t do it with previous forms but it’s been so long ago... sigh. I’m trying not to panic. Getting my conditional green card was a double RFE nightmare so getting anxious about ROC. 

I sent out my package last Monday on the 5th... Tracking has it marked as delivered on Wednesday 7th but I got no email or text message that it was delivered. I made sure to include the form so not sure why I wasn’t sent a notification? Just a bit worried as the last day to file is November 3rd for me (waited until I closed on my house to use updated address for forms). I don’t want any issues with submitting on time if my package wasn’t received by the right person... maybe I’m just paranoid. 

Filing tomorrow (10/05) wish me luck! 😄

5 hours ago, Lemonslice said:

If they are in serious relationships, they might want to discuss marriage with their partners.

Only one of them is but will discuss that option with her. Thank you. 

4 hours ago, Demise said:

Best of luck to you and your siblings. If you need me you can always PM me.

Thank you! Will do. 

53 minutes ago, Demise said:

No, there's no requirement for the beneficiary to live with you or your mother in order to be petitioned.

Thank you for answering all my questions! I truly appreciate it. 

13 minutes ago, Lemonslice said:

Are your older siblings single?

Yes my siblings are all unmarried and under 25. 

5 minutes ago, Demise said:

No, if she'd pursue U-visa she'd do it wherever she lives right now, you technically have no involvement in this case. Note that there has to police records and ideally an arrest and conviction. Biggest part will be getting I-918 Supplement B from the police department and then it's just filing. Upon a prima facie determination she'll get deferred action and she can get a C14 work permit that way. U-visa waits are pretty damn long (over 4 years right now) but deferred action will protect her while she waits in the backlog and she can just keep renewing the DA and EAD that way.

Thank you! Ideally I want a situation in which they can work and provide for themselves in the meantime so maybe that will help and I can focus on the younger too. I’ll explore all options! 
 

As for my other two siblings, will they have to move to Texas?

Just now, Demise said:

VAWA if they were married (and divorced less than 2 years ago).

U-visa if she helped law enforcement regarding this.

 

Otherwise it won't really help much.

Thank you. They weren’t married so I’ll look into U Visa. I think info on U Visa was provided to her during the court process. 
 

Would I have to move everyone to Texas somehow in order to apply for them? I don’t even know how to go about that because I don’t think they can fly here...