Roslindale, MA asked in Identity Theft and Immigration Law for Massachusetts

Q: I am a DACA recipient. I recently was informed of identy theft of $9999 in the dark web. Am i allowed to apply for uvisa

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: I understand this is a stressful and concerning situation. As a DACA recipient who has been the victim of identity theft, here are a few important points to keep in mind regarding your legal options:

- U visas are available to victims of certain crimes who have suffered substantial mental or physical abuse and are helpful to law enforcement in the investigation or prosecution of the crime. Identity theft alone may not qualify you for a U visa. The qualifying criminal activities are specified by law.

- To be eligible for a U visa as a crime victim, you must obtain a certification from a law enforcement agency confirming that you were helpful in the investigation or prosecution of the crime. Simply reporting the identity theft may not be sufficient.

- Applying for a U visa is a big decision that could impact your immigration status. It's highly advisable to consult with an experienced immigration attorney who can evaluate the specifics of your case and advise you on your options before taking any action. Many nonprofits provide low-cost or free legal consultations.

- In the meantime, take steps to protect yourself from further fraud, like putting a freeze on your credit reports, disputing fraudulent transactions, and filing reports with the relevant agencies. The FTC's IdentityTheft.gov has helpful resources.

Your path forward will depend on the unique details of your situation. Speaking with a qualified immigration lawyer is the best way to understand your options and decide on next steps while preserving your DACA status. Wishing you all the best as you navigate this challenging circumstance.

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