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U-Visa, Should I prepare for RFE (2 dismissed possession of controlled sub)

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al91206

Member
What is the name of your state (only U.S. law)? CA

My U-Visa application was filed late last year, but a supplement was filed a few months later since the defendant who drugged & robbed me was convicted. I, unfortunately have 2 dismissed counts of possession of a controlled substance. As I said though both counts (separate and on different dates) were dismissed.

I'm preparing lots of information regarding these arrests in advance of an RFE - is that a norm to send an RFE for this. Of course they are both disclosed and described on my application. I'm preparing letters, my own detailed description of events, etc etc.

I know the U-Visa category can waive these types of issues, but is that something they typically do w/o an RFE?

The charge that the defendant was convicted of was CA Code 222:

222. Every person guilty of administering to another any
chloroform, ether, laudanum, or any controlled substance,
anaesthetic, or intoxicating agent, with intent thereby to enable or
assist himself or herself or any other person to commit a felony, is
guilty of a felony punishable by imprisonment in the state prison for
16 months, or two or three years.

Any information is appreciated.
 


PaulMass

Member
A dismissed charge should have no effect on your U-Visa.

As a side note, an attorney I know said she recently received a decision on a U-Visa she filed last November, so hopefully you'll hear soon. USCIS says they are currently taking 17.6 months.

I don't know if they've already issued the 10,000 U-Visas for 2015 (Started 10/1). Last year they capped out in December.

Good luck, and please post back when you hear. I'm following one that was filed in January, so I'm hopeful a decision is forthcoming soon.
 

al91206

Member
A dismissed charge should have no effect on your U-Visa.

As a side note, an attorney I know said she recently received a decision on a U-Visa she filed last November, so hopefully you'll hear soon. USCIS says they are currently taking 17.6 months.

I don't know if they've already issued the 10,000 U-Visas for 2015 (Started 10/1). Last year they capped out in December.

Good luck, and please post back when you hear. I'm following one that was filed in January, so I'm hopeful a decision is forthcoming soon.
Thank you for the answer - I will definitely come back when I know something. I have one last question - can they approve the Work Authorization w/o approving the U-Visa (like if they have an RFE for the U-Visa or they reached 10K for this year, etc) or is everything tied together?
 

PaulMass

Member
Thank you for the answer - I will definitely come back when I know something. I have one last question - can they approve the Work Authorization w/o approving the U-Visa (like if they have an RFE for the U-Visa or they reached 10K for this year, etc) or is everything tied together?
If they approve the U-Visa but the cap has been reached, they may put you in Deferred Action Status. If that happens, you can apply for Employment Authorization with an I-765W
 

al91206

Member
Good luck, and please post back when you hear. I'm following one that was filed in January, so I'm hopeful a decision is forthcoming soon.
Got the notice from USCIS that they found me eligible but the visa limit has been reached, but I'm on a waiting list. I'm filing for a temp working permit.

Thanks very much for the info!
 

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