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What are the chance i can get approved for an UV visa is I was a victim of a serious crime against me. If i have been deported..

San Diego, CA |

I have been deported back in 1998 for sales of meth. But in 2008 I was a victim of a crime in San Diego. The person was charged with attempted murder but was found guilty of assult and battery with a deadly weapon and assult to great bodyly damage etc... I helped the DA convict this person in court.. He was sentenced to 7 years with 2 strikes.. But I was deported again in 2012 this past october. But ICE didnt give me no prison time.

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Attorney answers 4

Posted

You have two issues: your eligibility of U visa and an immigration waiver. Nevertheless, you have more chance if DA is willing to help you.

Posted

You have two issues: your eligibility of U visa and an immigration waiver. Nevertheless, you have more chance if DA is willing to help you.

Asker

Posted

The DA is willing to help me out.. Due to the crime that was commited to me.

Posted

Your chances aren't good unless you have information that could lead to the convictions of other people involved with the crime. Ideally you should have applied for the U visa when you were helping the DA convict the person. He or she could have filled out the certification that shows that you were helping him at the time and if approved, you would have been allowed to stay in the United States. Right now you are inadmissible to the U.S. for drug trafficking and due to your deportation. Unless a waiver is granted, you cannot return.

www.gassonlaw.com - Disclaimer: This a general answer to your legal question. Unless you have a signed engagement letter with me, you should not consider this information to be legal advice.

Kristina A. Gasson

Kristina A. Gasson

Posted

I should have added that there is no waiver available for drug traffickers (there is one for deported people).

Asker

Posted

How could of lead to the person arrest is i was in the hospital in coma.. but the DA is willing to help me

Kristina A. Gasson

Kristina A. Gasson

Posted

In order to be eligible for a U visa you must show that you are helping the DA with information that leads to a conviction. Since he is already in prison, it is not likely you will be eligible for a U visa. On top of that, you will be found inadmissible due to your deportation and because of your drug trafficking conviction.

Asker

Posted

How was I able to give information if I was in the hospital in coma for 33 days. But when came out of coma I did give the homicide detective a statement and I did go to court

Kristina A. Gasson

Kristina A. Gasson

Posted

That is what's required for a U visa. When you got out of the coma, you should have applied for the U visa then. Because the case is closed, you will likely not be found eligible for a U visa now.

Asker

Posted

another thing i still im in care of my surgian doctor due to future operations i will need.. can he help me out

Posted

I agree with my colleagues.

Please click the link at the very bottom for additional information.

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Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic or In-Person
https://shusterman.com/intake-secure.html
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
www.inmigracion-abogado.com (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.