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Immigration

Bystander victim (witness to crime) info for U Visa*

A bystander victim is a victim who is near a crime being committed and suffered substantial emotional or physical harm because of it. These are super rare cases, because the witness still must meet the substantial harm requirement as well as having been a victim of the underlying crime.  Basically, it all comes down to 1) whether s/he suffered substantial harm and 2) what the underlying crime can be classified as for U purposes and 3) whether s/he can get a law enforcement agency to certify it as is explained here (LINK TO CERTIFICATION DEFINITION).  One example might be when a loved one is murdered in front of a family member, and falls into the family member’s arms and the family member has a mental breakdown or heart attack.

It is very important for this person to receive legal advice before applying for a U visa - if someone does not qualify for an immigration remedy, it may result in deportation if Immigration denies the application. LINK TO LAWYERS

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