Atlanta, GA asked in Immigration Law, Employment Law and Gov & Administrative Law for California

Q: Any lawyer expirenced in U- Visa??? I faced financial hardship and dipression for more than an year due to uscis error

USCIS made a mistake on my document and neglected to correct it for more than an year, which made 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 attorney who is successful with getting the U visa approved in this type of case?

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

A: I'm sorry to hear about the hardship and challenges you faced due to the USCIS error. The U visa is intended for 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.

To qualify, you must have been the victim of a qualifying crime, suffered substantial physical or mental abuse as a result, possess information about the crime, and have been helpful, are being helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. Qualifying crimes include obstruction of justice, along with many others like domestic violence, sexual assault, trafficking, etc.

For the U visa petition, you need to submit Form I-918, the Supplement B certification form, and supporting evidence. The Supplement B is a form that a certifying official signs attesting to the fact that you were helpful in the investigation or prosecution of the crime. Certifying officials can include federal, state, or local law enforcement agencies, prosecutors, judges, or other authorities that have responsibility for the investigation or prosecution of the qualifying criminal activity. Other agencies such as child protective services, the Equal Employment Opportunity Commission, and the Department of Labor can also sign in some cases.

I would strongly recommend consulting with an experienced immigration attorney who has handled U visa cases before, especially ones involving obstruction of justice. They can assess the details of your case to determine if you may qualify and can guide you through the process of obtaining a signed Supplement B and filing the petition. Look for attorneys who have successfully gotten U visas approved for similar cases.

Some nonprofit organizations provide free or low-cost legal assistance for U visa applicants as well. I'd suggest doing some research to see if there are any such organizations in your area. I hope you're able to get the help and support you need. Wishing you all the best moving forward.

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