AAO U VIsa Victory

AAO, Oct. 28, 2021

"The Director of the Nebraska Service Center denied the Form I-918, Petition for U Nonimmigrant Status (U petition), concluding that the Petitioner did not establish that she was the victim of a qualifying crime. The matter is now before us on appeal. On appeal, the Petitioner resubmits evidence and asserts that he was the victim of qualifying criminal activity and has established eligibility for U-1 nonimmigrant classification. ... [T]he Petitioner provided, among other things, an updated Supplement B again indicating that he was the victim of criminal activity involving or similar to "Felonious Assault." The certifying official confirmed that the citation for the specific statute investigated or prosecuted as perpetrated against the Petitioner was section 569.020(1) of the Mo. Rev. Stat. The certifying official also confirmed that the Petitioner had been helpful in the investigation and that he suffered "great emotional trauma" as a result of the robbery. The Director subsequently denied the U petition, concluding that the Petitioner did not establish, as required, that he was the victim of qualifying criminal activity. On appeal, the Petitioner contends that he was the victim of qualifying criminal activity. He asserts that first-degree robbery under section 569.020(1) (now section 570.023) of the Mo. Rev. Stat. is substantially similar to the qualifying crime of felonious assault because (1) it contains all of the elements of first-degree assault in Missouri; and (2) first-degree assault is a lesser included offense of first-degree robbery in Missouri. ... Considering the record in its entirety, and comparing the nature and elements of robbery in the first degree and assault in the first degree in Missouri, the Petitioner has met his burden of establishing, by a preponderance of the evidence, that the offenses are substantially similar as contemplated by 8 C.F.R. § 214.14(a)(9). The Petitioner has demonstrated that he is the victim of qualifying criminal activity and we withdraw the Director's finding to the contrary."

[Hats off to Carly McPeak!]