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Question on obtaining a U visa for a crime victim that was no physically or mentally injured.
Anonymous2 views2 answers
Hi, I am interning at this immigration organization and need help. My boss has asked me to research a U visa to see what the qualifications are. Her client was assaulted by someone who was trying to steal from him, however he has no injuries. My boss still believes he can wualify because it is one of the named crimes mentioned in the U visa statute (felonious assault). Unfortunately, I cant find any research to support her claim. I have tried lexis and online research and there is no evidence to suggest that if there are no physical or mental injuires this person can obtain a U Visa, even if he helps law enforcement get the criminal convicted of the crime. Am I correct? Is there clear language in a statute or recent case that suggests this? Thanks. btw, I am on a few hour deadline.
Simply being a victim of a crime is not enough. The police must be willing to support it.
You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.
Russell Tracey DoncouseImmigration AttorneySan Antonio, TX ·
Felonious assault is a felony, simple assault is not. Felonious or aggravated assault often involves "serious" bodily injury or the use of a firearm or other deadly weapon. You need the police report of the incident to obtain the "official" facts, and as mentioned, support by the police agency involved in the investigation of the incident. Imagine first that the Immigration Service presumes the allegations in support of the U Visa are fraudulent, and you must overcome the burden of proving the client is in fact a victim.
