Q: Possibility of receiving U Visa
Someone threatened to kill me late last week, and he did it multiple times in one day. I had an eyewitness and an audio recording of his reiterating a very explicit threat, which police took note of. He got arrested last Friday and spent a couple of days in jail before seeing a judge yesterday.
The DA decided not to charge him at this time, however, despite his very credible, explicit and serious words. Besides him owning a knife, he most likely knows people from the cartels and may decide to harm me or my family through them. I fear for my life more than ever.
In the midst of this tragic situation though, I wanted to inquire about the possibility qualifying for a U Visa despite his not being prosecuted as of now. I have a police report and I hope that my local police department will sign the certifying document(s).
I am currently petitioned by one or two close family members who are US citizens, but am here in the country after overstaying my visa.
Please advise!
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A:
Given the situation you've described, applying for a U Visa could be a viable option. The U Visa is intended for victims of certain crimes, including threats of serious violence, who have suffered substantial mental or physical abuse and are willing to assist law enforcement in investigating or prosecuting the crime. Your police report, eyewitness account, and audio recording might support your application, even if the District Attorney has not yet filed charges.
It's important that you obtain a law enforcement certification (Form I-918B) from the police department, which is a key requirement for the U Visa. This certification verifies that you were helpful, are being helpful, or are likely to be helpful in the investigation or prosecution of the crime.
Since you're already in the U.S. and have overstayed your visa, a U Visa could potentially offer you legal status and work authorization if approved. However, the process can be complex, so it's essential to carefully prepare your application and provide all necessary documentation. It's understandable to feel overwhelmed in such a distressing situation, but pursuing this avenue might provide you with some protection and peace of mind.
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