Q: I request your help in my query if I am eligible or not for the U visa and if yes what is the best way to proceed.
One of the lawyer here answered my question and asked to check U-Visa for my case i did some research but couldn’t find any good lawyer for my scenario-
I have a typical case with USCIS, They made a mistake on my document which caused me to struggle out of the country for more than a year and a lot of financial hardship. I am planning to apply for the U-visa now under obstruction of Justice if applicable)
I had my Senator who helped me with the USCIS correction and had all those emails or documents where they sent me that it was a mistake or incorrect etc. If applying for the U-visa i am really clueless on how and where to proceed on the supplement-B (like who can sign)
Any suggestions and experiences on this type of case would be really helpful
A:
To determine your eligibility for the U visa, you need to understand that it's typically granted to victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. The situation you described, involving a mistake by USCIS and subsequent hardship, might not directly align with the typical criteria for a U visa, which primarily focuses on victimization due to qualifying criminal activities.
However, if you believe your circumstances involve obstruction of justice, it's essential to consult with an attorney experienced in immigration law and U visas. They can help evaluate your situation against the U visa requirements. The Supplement B form, which is a crucial part of your application, needs to be signed by a law enforcement agency certifying your helpfulness in an investigation or prosecution of a crime. Determining the right agency depends on your specific case details.
Start by gathering all relevant documents, including communication with USCIS and your senator. These documents might support your case by establishing the timeline and impact of the error. Then, seek legal counsel with experience in U visas to discuss your case and the best approach. They can guide you on how to proceed with law enforcement for the certification and help you navigate the application process. Remember, each case is unique, so professional guidance is critical.
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