Can a victim of armed robbery apply for a U visa? 13 Answers as of June 27, 2012

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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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
If he reported the robbery, cooperates with the police/prosecutor, and continues counseling, yes he can.
Answer Applies to: California
Replied: 6/27/2012
Law Office of Pho Ethan Tran PLLC
Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
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.
Answer Applies to: Texas
Replied: 6/6/2012
Law Offices of Brian D. Lerner, A PC
Law Offices of Brian D. Lerner, A PC | Brian David Lerner
Yes, this should qualify for the U Visa.
Answer Applies to: California
Replied: 5/29/2012
Mayo Mallette PLLC
Mayo Mallette PLLC | 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.
Answer Applies to: Mississippi
Replied: 5/25/2012
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
A victim of a crime can apply for a U visa. There are numerous requirements the person must meet. If your friend is shaken, they should seek help. This is a process that your friend would be best served by speaking with an attorney in person so they can go over all the requirements.
Answer Applies to: New York
Replied: 5/25/2012
    World Esquire Law Firm
    World Esquire Law Firm | Aime Katambwe
    I won't know the answer to that if there is no certification from Law Enforcement that your friend has been/is/will likely be/ helpful to the investigation of that crime. In other words, just because he is a victim of a violent crime in the US or a crime that violates US laws does not automatically entitle him to a U visa. He will have to have the investigative official (not just a police officer) of the pertinent law enforcement agency file Form I-918B to corroborate eligibility for this visa. If that can be done, then your friend will be able to move forward in that category.
    Answer Applies to: California
    Replied: 5/25/2012
    Baughman & Wang
    Baughman & Wang | Justin X. Wang
    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.
    Answer Applies to: California
    Replied: 5/24/2012
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    U Visa Law was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of aliens and other crimes, while also protecting victims of crimes who have suffered substantial mental or physical abuse due to the crime and are willing to help law enforcement authorities in the investigation or prosecution of the criminal activity. A single robbery obviously will not qualify.
    Answer Applies to: Florida
    Replied: 5/23/2012
    Law Office of Bijal Jani | Bijal Jani
    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.
    Answer Applies to: New York
    Replied: 5/23/2012
    Elkhalil Law Firm, LLC
    Elkhalil Law Firm, LLC | Hassan Elkhalil
    Yes of course. He needs to act fast. Make sure to consult with an immigration attorney so the process moves quickly.
    Answer Applies to: Georgia
    Replied: 5/23/2012
    Immigration Attorneys, LLP | Robert R. Gard
    Perhaps, if the perpetrator has been caught and your friend's testimony is required at trial.
    Answer Applies to: Illinois
    Replied: 5/23/2012
    U.S. Immigration Law Group, LLP | Lisa D. Ramirez
    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.
    Answer Applies to: California
    Replied: 5/23/2012
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