QUESTION

Can a victim of armed robbery apply for a U visa?

Asked on May 18th, 2012 on Immigration - Georgia
More details to this question:
My friend was robbed and hit in his head with a rock. The person who attacked him stole his backpack with college books and his laptop. He called police and filed a report. He has not gone to counseling but he is still shaken from the robbery. Can he apply for U Visa just one week after the robbery?
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7 ANSWERS

He can apply immediately as long as he suffered substantial physical or mental abuse due to a criminal activity designated by the law. The application is submitted on Form I-918.
Answered on Jun 06th, 2012 at 11:33 PM

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Immigration Law Attorney serving Long Beach, CA at Law Offices of Brian D. Lerner
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Yes, this should qualify for the U Visa.
Answered on May 29th, 2012 at 3:09 PM

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Thomas J. Rosser
Potentially, yes, assuming he meets the following criteria based upon his "felonious assault" (one of the enumerated "qualifying criminal activities" from which he became a victim) under the applicable statute: He is a person who (1) has suffered substantial physical or mental abuse as a result of having been a victim of the qualifying criminal activity; (2) possesses credible and reliable information establishing that he has knowledge of the details concerning the qualifying criminal activity on which his petition is based; (3) has been helpful, is being helpful, or is likely to be helpful to a certifying agency in the investigation or prosecution of the qualifying criminal activity; and (4) the qualifying criminal activity occurred in the US. One of the most difficult aspects relating to obtaining a U visa is actually getting a/the law enforcement entity to accede to being the certifying agency for such purposes. You should consult directly with the law enforcement authorities having current jurisdiction over your friend's assault case for further information and probabilities of certification.
Answered on May 25th, 2012 at 8:21 PM

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Intellectual Property Attorney serving Menlo Park, CA at Sheppard Mullin
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Can a robbery victim apply for U visa? In general yes. However, there are some requirements a victim must meet. The most important one is the a victim must provide information for the police investigation and later prosecution. Your friend should ask the police if they are willing to provide support letter(required by law for U visa). If the case is with the DA's office, he should contact the DA. Our experience is that is the crime is relatively minor, the police may not want to sponsor a U visa. In addition, the applicant has to show serious impact or injury either physically or emotionally from the crime. Again, consulting with an experienced immigration lawyer is a good start.
Answered on May 24th, 2012 at 7:49 AM

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Litigation Attorney serving Pearl River, NY at Law Office of Bijal Jani
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From the facts listed, it does not appear that this incident would result in an approved U visa application. The U visa is utilized for victims of domestic violence, felonious assault, imprisonment, etc.
Answered on May 23rd, 2012 at 7:49 PM

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Immigration and Naturalization Attorney serving Santa Ana, CA at U.S. Immigration Law Group, LLP
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His eligibility for a U visa will depend on how the crime was charged, his substantial injury and cooperation with law enforcement. If it was charged as a felonious assault and not a simply robbery, then he may qualify. Robbery is not one of the qualifying criminal activities unfortunately. I would have him try and get a copy of the police report and have a competent immigration attorney review it.
Answered on May 23rd, 2012 at 7:47 PM

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Business Law Attorney serving Atlanta, GA at Elkhalil Law, P.C.
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Yes of course. He needs to act fast. Make sure to consult with an immigration attorney so the process moves quickly.
Answered on May 23rd, 2012 at 7:44 PM

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