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Immigration issue

San Francisco, CA |

I had applied for u-visa for DV. my spouse came to know about it.his criminal case is pending,charges are about to get dismissed. and he saw the certification from the prosecutor. Does he/his attorney question the prosecutor regarding the certification or change the prosecutor's mind,who signed it.

Attorney Answers 3

  1. Best answer

    No, the prosecutor makes an independent finding about this before it is signed, so you should be fine.

    Contact attorney Gintare Grigaite, Esq. at 201-471-7989, located in New York and New Jersey. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.

  2. It's really hard to say why a prosecuting law enforcement agency decides to prosecute a case or not. The standard for U visa cases is the you must have information that could be useful if the police or DA's office tries to prosecute a crime and that you're willing to help the prosecution. You've done that, so you should be fine. I have more than one client with facts very similar to yours and they are now living safely and legally in the US with U visas.

  3. I agree. However, you may want to consider whether it is best to seek a domestic abuse type claim, where it is unclear how long the U visa will take to process. Often, with enough evidence, a form I-360 petition may have proven more efficient for someone in your situation. Good luck.

    This is general information, not legal advice, and does not create an attorney client relationship.

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