U VISA!
U Visa Success Story: Robbery Victim Approved After Complex RFE
Our client, a victim of robbery in New York, sought our help in applying for a U nonimmigrant visa (U visa)—a form of immigration relief available to victims of certain crimes who have cooperated with law enforcement and suffered substantial physical or emotional harm.
Can Robbery Qualify for a U Visa?
U visa eligibility is limited to specific qualifying crimes. While offenses such as domestic violence and felonious assault are clearly listed, robbery is not explicitly included. This can make U visa applications for robbery victims more complex.
In this case, our client was robbed while working at a store in New York. Although robbery is a serious felony, it did not clearly fit within the standard qualifying categories—especially since the client did not initially present with severe physical injuries.
Overcoming a Request for Evidence (RFE)
Despite these challenges, our experienced immigration attorneys successfully:
- Secured the required law enforcement certification (Form I-918 Supplement B)
- Filed a strong and timely U visa application
However, USCIS issued a detailed Request for Evidence (RFE), requiring proof that the crime was substantially similar to a qualifying offense—specifically felonious assault, which typically involves serious physical injury.
Legal Strategy That Led to Approval
In response to the RFE, our legal team prepared a comprehensive legal brief arguing that:
- The client suffered “serious physical injury” under New York law
- The robbery met the legal threshold to be considered substantially similar to felonious assault
By citing specific provisions of New York Penal Law and applying them to the facts of the case, we demonstrated that the client’s injuries satisfied the required legal standard.
U Visa Approved – In Just Weeks
Within three weeks of submitting the RFE response, USCIS agreed with our argument. The agency determined that, under the totality of the circumstances, the robbery was substantially similar to felonious assault.
✅ The client received a U visa waitlist determination
✅ The client’s child in India will also receive humanitarian parole to reunite with her in the United States
Need Help with a U Visa Application?
If you or a loved one has been the victim of a crime and need help applying for a U visa, our experienced immigration attorneys are here to help.
Visit us today: www.imwong.com
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