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?