Immigration issue

Asked almost 2 years ago - 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. Gintare Grigaite

    Contributor Level 18


    Lawyer agrees

    Best Answer
    chosen by asker

    Answered . 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... more
  2. Alex Gregory Isbell

    Contributor Level 11


    Lawyers agree

    Answered . 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. Kevin Lawrence Dixler


    Contributor Level 20


    Lawyers agree

    Answered . 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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