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U-Visa for sibling of qualifying victim, when sibling was a minor at time of rape but turned 18 just before U-Visa application

Glendale, CA |

My friend was the derivative (sister) of a U-Visa applicant whose U-Visa was granted because she was a rape victim at the age of 9. The applicant's immediate family (mother, father & minor brother) was approved, except for my friend the sister. Her derivative application was rejected because she had just turned 18 before the family's application was filed with USCIS.

Even though my friend was not a "direct" victim, she learned of her sister's abuse when she was 15 years old, and the abuser threatened them with deportation if they told police: That's why they waited so long. Is there any legal argument or case on point, that the sister's emotional distress for her sister's abuse and fear of deportation when she as a minor, makes her a qualifying victim to reapply NOW at the age of 19?

Attorney Answers 2

Posted

A U visa is for persons who have been victims of crimes and are assisting law enforcement or in the prosecution of the perpetrator. She probably will not quaily because I assume the case has been disposed of. She may have other means of adjusting through one of her family members. I suggest she consult with an experienced immigration attorney to determine whether she has any alternatives.

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3 lawyers agree

Posted

Attorney Mulder appears to be correct.

Meet face-to-face with an attorney to double-check ... bring the denial letter with you.

FORMER IMMIGRATION LAW PROFESSOR -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.

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