Does my assaulted wife qualifies for a U-Visa?

[cjalvarez91]

Hi, do me and my wife qualify for a U-Visa? Here is the case:

I have tps (temporary protection status) since about 1999..My wife was assaulted back in 2008 when she was 13, today she is almost 18, she was in middle school, and she was attacked by another female student.

The sttacker went to jail for 3 days, I think she got a felony from it, and we have police records,medical and even picture evidence of the injurys. I even belief it was uploaded to youtube, until it got erased. My wife had to be taken to the hospital.

does my wife still qualifies? it was about 4 years ago.

[AFFA]

I wish to inform you that your wife can qualify for U visa if the offence charged is the offence covered in qualifying criminal activity. U visa is usually for an initial period not exceeding 4 years. Extension is permissible where another certification is obtained showing that the alien's presence in the United States is needed to help in the investigation or prosecution of the relevant criminal activity, or where due to exceptional circumstances, the secretary of homeland security deems an extension fit. As all investigation is over so U visa may not be granted.

AFF

[sandyclaus]

Originally Posted by cjalvarez91 Hi, do me and my wife qualify for a U-Visa? Here is the case: I have tps (temporary protection status) since about 1999..My wife was assaulted back in 2008 when she was 13, today she is almost 18, she was in middle school, and she was attacked by another female student. The sttacker went to jail for 3 days, I think she got a felony from it, and we have police records,medical and even picture evidence of the injurys. I even belief it was uploaded to youtube, until it got erased. My wife had to be taken to the hospital. does my wife still qualifies? it was about 4 years ago.

The purpose of issuing a U-Visa is to give law enforcement agencies the ability to investigate and prosecute certain types of criminal cases, including: domestic violence, sexual assault, trafficking of aliens and other crimes while, at the same time, offering protection to victims of such crimes.

Your wife's problem is that the incident occurred so long ago, and the attacker has already been prosecuted, convicted, and served a sentence for the crime they committed against her. Since the U-Visa is designed to assist in the investigation and prosecution of the crime, that boat has long ago sailed. Therefore, I don't believe she qualifies for this visa.

On a side note, out of curiosity, did I read correctly that you have a 17-year-old wife???

[cjalvarez91]

yeah 18 in a few weeks and im 21. thanks.

[Lexus]

Holders of the U visa can stay in the United States for up to four years. Extensions are allowed if the alien is required for more investigation or prosecution proceedings, or if the Department of Homeland Security has extended the stay.
If the applicant is 21 or older, then his spouse and children may also qualify for U visa status If the applicant is under 21, then his spouse, children, parents and unmarried siblings under 18 may also qualify.
The U visa holder can be converted to a permanent resident under two conditions. He must have physically resided in the U.S. for at least three years. His continued presence must be of humanitarian or public interest.