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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.

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Attorney answers 3

Best Answer
Posted

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.

Posted

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.

Posted

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.

Asker

Posted

but I am not the wife of US citizen or permanant resident

Kevin Lawrence Dixler

Kevin Lawrence Dixler

Posted

I guess that the U visa makes the most sense. It was unclear from the information provided.