Legal Question in Immigration Law in California

I have an approved Labor certification with my employer before. I never worked for him because my work permit hasn't arrived yet. Last year he was arrested for visa fraud, sentenced, and jailed. I lost $10,000 to him in the course of 7 years starting in the 2001 245i relief. Can I successfully file for a U visa based on the charges of extortion and perjury? I received a documented verbal threat, as well as a written threat that if I will not pay then I will be dropped from the list of people to be petitioned for green card and be out of status. He knows all along that he is conducting a scam.

I suffered depression and withdrawal symptoms, and lost weight, lost sleep after learning that he was a fraud. I went to a psychiatrist to ask for help which was documented but I only went there once coz I cannot afford the $150 fee per session.

I have all my receipts showing all the evidences and the amount that he defrauded me of.

Slavery, forced labor, and Involuntary servitude mirrors the extortion and blackmail charge of the U visa because the labor is tantamount to the money as a payment. The only difference is the form. The money that I paid came from my labor, from me working.

Do I have a high chance of being approved for a U Visa?


Asked on 1/12/10, 6:11 am

3 Answers from Attorneys
Brian D. Lerner Law Offices of Brian D. Lerner, A Professional Corporation

Hello:

It is difficult to say if you have a 'high' chance of success. However, with all you have been through, it is certainly worth a try. My firm could prepare the legal brief, declarations, exhibits and supporting evidence. Please contact my office so I can help you.

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Answered on 1/17/10, 8:04 am
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

It sounds like a possibility. To know better, an analysis of your state's statutes for the crimes would need to be done against the facts. Then you would know, but not before. Crimes have various elements which all must exist in order for there to be a crime. If one element is missing, then the crime has not occurred.Each state's statutes are different too, so a very close examination is necessary before deciding. Certainly, it's worth exploring.

The above is general information insufficient to provide advice. An attorney client relationship is not created by the above. Feel free to contact me offline at 818 609 1953 or [email protected] for further information and to mutually decide in writing whether an attorney client relationship is right between you and my firm.

Best of luck,

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Answered on 1/17/10, 8:23 am
Jennifer Brill

A complete analysis of the crime charged, etc. would have to be conducted, and you would need to obtain certification from police/attorney. Your immigration attorney should be able to assist you with the matter. If you cannot afford legal representation with a private attorney, there are many non-profit agencies which assist people with U visas, and would suggest that you look up one in your local area.

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Answered on 1/17/10, 9:52 am


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