Robbery is not listed as a qualifying crime for the U Visa. There are many victims, however, who are victims of crimes that were charged as and reported and investigated as armed robberies.
Full Answer
Is robbery a qualifying crime for a U visa?
USCIS stated that robbery itself is not a qualifying crime.However, someone who was assaulted or beaten during the robbery may qualify for other reasons. If LEA can sign off on certification that this is substantially similar, that person may be eligible for U visa.
Can a U visa be used for a crime victim?
Victims of Criminal Activity: U Nonimmigrant Status The U nonimmigrant status (U visa) is set aside 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.
Who is eligible for a derivative U visa?
Certain qualifying family members are eligible for a derivative U visa based on their relationship to you, the principal, filing for the U visa. The principal petitioner must have their petition for a U visa approved before their family members can be eligible for their own derivative U visa. If you, the principal, are... Then...
What if my crime is not admissible in the US?
If you are not admissible, you may apply for a waiver on a Form I-192, Application for Advance Permission to Enter as a Nonimmigrant. *Includes any similar activity where the elements of the crime are substantially similar.
Monica Newcomer Miller
It all depends on the facts and circumstances of every case. I presume you were in the car when you were robbed. If that's the case, most likely you may qualify to apply if the Police sign the certification. I would recommend that you contact an attorney to review your case.
Mohamed Riaz Musani
It is possible that this may qualify. It would be wise to discuss your options with an immigration attorney in person and have the attorney assist you with this process to make sure you have the best chance for success.
Freya S Williams
You may be eligible under these circumstances. Sorry you had to go through that.
Alex Bates
Yes, you should be able to qualify assuming all other qualifications for a U visa are met, namely that you have suffered substantial physical or mental abuse as a result of the qualifying criminal activity. Best to speak with an attorney who specializes in these matters.
Namita Agarwal
I'm moving your question to the Immigration category; someone there will be better able to assist you.
What is a U visa?
The U nonimmigrant status (U visa) is set aside 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. Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking ...
How old do you have to be to get a derivative U visa?
If you, the principal, are... Then... Under 21 years of age. You may petition on behalf of your spouse, children, parents and unmarried siblings under age 18.
How long is a nonimmigrant visa valid?
When U nonimmigrant status is granted, it is valid for four years. However, extensions are available in certain, limited circumstances if the extension is (PDF, 96.74 KB):
What is a nonimmigrant U?
U Nonimmigrant Eligibility. You are the victim of qualifying criminal activity. You have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity. You have information about the criminal activity. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, ...
What form do I use to apply for a waiver for a nonimmigrant?
laws. You are admissible to the United States. If you are not admissible, you may apply for a waiver on a Form I-192, Application for Advance Permission to Enter as a Nonimmigrant.
What age can you be helpful to law enforcement?
You were helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may assist law enforcement on your behalf.
How old do you have to be to file an I-918?
21 years of age or older. You may petition on behalf of your spouse and children. To petition for a qualified family member, you must file a Form I-918, Supplement A, Petition for Qualifying Family Member of U-1 Recipient, at the same time as your application or at a later time.
What is a U visa?
The U Visa is a special non-immigrant visa available to the victims of crimes that occurred in the United States or territories. It is a type of humanitarian protection aiming to increase the investigative ability of law enforcement and help victim of certain crimes. Aside from the location of the crime, the applicant must demonstrate that they have the following: 1 suffered substantial physical or mental harm as a result of having been a victim of ‘ qualifying criminal activity ‘; 2 possess credible and reliable information establishing that he or she has knowledge of the details concerning the qualifying criminal activity upon which his or her petition is based and 3 has been helpful is being helpful or 4 is likely to be helpful to a certifying agency in the investigation or persecution of the qualifying criminal activity.
What is a qualifying crime?
The qualifying crimes are typically violent, coercive or psychologically disruptive in nature. The most ambiguous part of U-Visas is defining substantial physical or mental abuse, as while many factors are considered, these factors can be subjective.
What happens if a couple is held hostage and cooperates with the police?
If, for example, during the crime, the couple was assaulted (it would have to be a felony) or, held hostage and cooperated with the police, then they would qualify. If the couple was held against their will, they might qualify as being victims of false imprisonment.
Is burglary a crime?
Burglary would not constitute a crime that one could claim in a U-Visa application. However, other crimes that would seemingly occur during a home invasion or as a result of a burglary might. Other circumstances may change the findings given above. For example, if one was inadmissible on other ground, they might have to file for an inadmissibility waiver.
Can you get a U Visa if you’re victim of burglary?
Many of those crimes are violent or coercive in nature. To qualify for a U-Visa, then, the applicants must have also been the victim of another crime that would qualify. While the 10,000 dollars lost in assets is substantial, its worth is technically irrelevant because burglary does not qualify. Thus, scenario must be given more context, to narrow down the possibilities of other crimes that might have been committed during the burglary.
