This press release discusses direct and indirect victim in accordance to the U Visa with comments provided by the Herman Legal Group.

The Department of Homeland Security defines a victim for the purposes of U Visa as either a direct victim or an indirect victim. To address who qualifies as a direct or indirect victim for the U Visa purposes comments and advices were offered by an attorney and spokesperson from the Herman Legal Group.

The spokesperson was asked to explain what qualifies an individual as a direct victim. She responded by saying, “you may apply for a U Visa as a direct victim if you suffered direct or proximate harm as the victim of a qualifying criminal activity. While the term ‘proximate harm’ is not expressly and clearly defined in the U. S. immigration laws. It is generally said to mean that the actions of the perpetrator where a significant factor in causing harm to the victim.” The spokesperson provided an example of a direct victim by stating that this can be where a wife is battered by her husband and suffers physical and emotional harm. Therefore, the wife is a direct victim of the domestic violence. Domestic violence qualifies for criminal activity for U Visa purposes.

The spokesperson further explained that while the example of the battered wife qualifies her as a direct victim for the purposes of U Visa status; the victim need not necessarily been physical harmed. Aspects such as attempts, conspiracy or solicitation to commit a crime qualify as criminal activities for U Visa purposes. She further provided an example in respect of this by stating that if a non-citizen woman encountered a man who tried to rape her, but she managed to escape and the woman suffers serious emotional trauma as a result of the event. While the woman was not raped or physically harmed, she has suffered serious emotional trauma which thus makes her eligible for a U Visa as a direct victim. Her eligibility is based on her suffering harm by way of the serious emotional trauma she experienced and as a result of the attempted rape. Attempted rape is a crime that falls under U Visa criminal offenses.

The spokesperson was asked to explain the eligibility of an individual as an indirect victim. To this she responded that “an indirect victim is that which extends to a certain family member(s) who can apply for U Visa status as an indirect victim; this is possible where the primary or direct victim died due to murder, manslaughter or rendered incompetent or incapacitated. And the direct victim is therefore, unable to help the authorities with their criminal investigations. While the above seems easy enough these indirect victims have to meet the eligibility requirements set out by the U Visa. Such requirements include helping meaningfully with the investigation of the crime, suffer substantial harm as a result of the crime and the applicant must be admissible or qualify for a waiver.”

For individuals requiring information in respect of U Visa applications you need to start looking for Immigration lawyers in Columbus Ohio .

About the company:

The Herman Legal Group is a law firm of renowned professionals who specialize in Immigration Law. Their attorneys speak over twelve languages combined. The law firm has offices in different parts of the country including an office for immigration in Ohio .