U Visa

[jhmw815]

Hello all,

I am new to this forum. After around 6 month of preparation, my U Visa application is finally being submitted this week. According to Carl Shusterman law group (my attorney), I have a very strong case. I want to hear your opinion whether it really is a strong case.

Long story short. Back in 2004, while I was attending college and working part time at a liquor store, I was robbed at gun point by 2 individuals. No physical harms done but mentally traumatized. After the incident, I'd filed a police report then that was it. I did not hear nor been contacted by the authority in regards to this case. However, back in 2014, I was summoned to testify against a vicious murderer who is on trial for 19 counts of murder and robbery case.

The same people who had robbed me at gun point had murdered 2 people for absolutely no reason, few days earlier and few weeks later after they robbed me. One of the victim at Subway, was simply shot in the head just because he was too slow to hand over the cash register tray.

On April 2014, I'd testified everything that had happened to me as a witness. The criminal was convicted and received death penalty.

I have psychological evaluation stating that I have PTSD.

Let's hear what you all think about my possibility of being awarded with U visa.

Thank you.

[Vish]

very very strong case.. and the fact that you were called to testify and you corporated with authorities, that in itself speaks volume for the possibility of your case to be approved. it is a straight shot case meant for approval. Now the real thing will start after you file for U visa. that is long wait period.also i will suggest you apply for S visa also. S visa is a visa for some one who had or has an information about criminals and or is a witness to the crime and helped law enforcement agencies. you should contact your attorney for S visa and the law enforcement or DOJ or seceretary of state department must file for your S status and green card. i strongly suggest filing both U and S visa, and see which ever moves faster.with S visa you will immediately get work permit and legal status much sooner.

[zoofi77]

Under the California law robbery is not a felonious assault. You will be ultimately denied by the uscis after a long wait of 3 to 4 years. I believe there is a very thin chance in your case. There is no harm in applying as long as you are working out on other things to straighten immigration issues out...

Read these:
AAO Non-Precedent Decisions

https://www.uscis.gov/laws/admin-decisions?topic_id=1&newdir=D14+-+Application+for+U+Nonimmigrant+Status

[jhmw815]

Thank you for the information. I didn't even know about the S visa. Definitely something I need to look in to.

[you.visa]

I believe after the case is closed there is no possibility of getting S visa. The same thing happened with me after the case is closed nothing can be done. you must have requested while you was testifying. agency don't have right to file S visa after Case is closed.

but anything is possible if you try.. don't get demotivated try your options something will come up "all the best"

[jhmw815]

Under the California law robbery is not a felonious assault. You will be ultimately denied by the uscis after a long wait of 3 to 4 years. I believe there is a very thin chance in your case. There is no harm in applying as long as you are working out on other things to straighten immigration issues out...

Read these:
AAO Non-Precedent Decisions
https://www.uscis.gov/laws/admin-dec...migrant+Status

I don't understand how armed robbery is NOT a felonious assault.

[zoofi77]

It is up to the Immigration to decide what or what not. In most of their decision in the link you can see that most of the robbery, armed robbery, or common law robbery are being denied by the USCIS and then afterwards denied at the appeal or motion to file stage.
They will deny your case based on the fact that you did not go to the doctor for any sort of counseling. And then they will argue all the laws that Robbery is not a felonious assault under California law and not even substantially similar to one.
If there was any kind of physical assault involved then there was a better chance. I am not discouraging you but letting you know the chances according to what I have seen and read over the internet. There are a few states in the USA where Armed robbery is similar to Felony assault. But as far as CA is concerned you can find a lot of denials by the USCIS for the U1 cases filed on the basis of armed robbery without physical felony assault... Still your choice. Your case might get approved if they agree with you.

[jhmw815]

It is up to the Immigration to decide what or what not. In most of their decision in the link you can see that most of the robbery, armed robbery, or common law robbery are being denied by the USCIS and then afterwards denied at the appeal or motion to file stage.
They will deny your case based on the fact that you did not go to the doctor for any sort of counseling. And then they will argue all the laws that Robbery is not a felonious assault under California law and not even substantially similar to one.
If there was any kind of physical assault involved then there was a better chance. I am not discouraging you but letting you know the chances according to what I have seen and read over the internet. There are a few states in the USA where Armed robbery is similar to Felony assault. But as far as CA is concerned you can find a lot of denials by the USCIS for the U1 cases filed on the basis of armed robbery without physical felony assault... Still your choice. Your case might get approved if they agree with you.

Understood. But this was not a ordinary robbery.. I mean I guess the crime perpetrated towards me could be just ordinary armed robbery but it had some media coverage here in Southern California and you can even google 'Leonardo Alberto Cisneros' and the numbers of coverage comes up. They name this "Violent 2004 murder and robbery spree".. I hope the fact that my testimony contributed to the judge's death penalty decision can shed some light on to my case. Hopefully..

[zoofi77]

I don't want to discourage you. Immigration is very strict on these immigration related adjudications. If you read U visa related decision from the link that I have posted here before you will see that there are all kind of different scenarios with the U visa applications who were victims of robbery or armed robbery in the state of California. USCIS has simply denied their argument of Armed robbery as a felonious assault. Immigration is the one who sets the precedent. Immigration attorneys take cases just to make money. A lot of them do not care about their clients, not all of them though. Try going to the community legal aid organizations in your area who take immigration cases also. Ask them for a second opinion. they wont lie since they do not charge their clients to apply for a visa...

[jhmw815]

Do we have any members on this forum who'd been approved or been put on the deferred action with arm robbery case?

[you.visa]

On splawforum, I saw a post few of weeks earlier who got approved on arm robbery but as zoofi77 said "Robbery is not a felonious assault under California law and not even substantially similar to one"
you might need to have some or more evidences to produce and it varies on U visa qualifying crime you comes under on certification. what crime is marked, it should not be a qualifying crime marked as other if you got marked as FELONIOUS ASSAULT also you have to prove either by providing recording video or pictures and medical certs, PTSD etc

(You might need to provide these documents to USCIS when you get RFE which might be after 2023)

[zoofi77]

read this as this is the freshest decision posted by the uscis:

https://www.uscis.gov/sites/default/files/err/D14%20-%20Application%20for%20U%20Nonimmigrant%20Status/Decisions_Issued_in_2017/AUG292017_01D14101.pdf