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Law Educator, Esq.
Law Educator, Esq., Immigration Law Answer Team
Category: Immigration Law
Satisfied Customers: 115464
Experience:  Immigration Law Expert
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My wife was here illegally prior to my marriage . She was the

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My wife was here illegally prior to my marriage . She was the victim of a hit and run accident two years after we were married. The lady that hit her fled the scene of the accident and was only charged with a misdemeanor . She should have been charged with a felony here in florida as their were injuries. The state trooper signed an affidavit that my wife ***** ***** was helpful in prosecuting the lady that hit her. My wife has been deported and has physical mental and chiropractic bills. There is no law or ruling that I can find that eliminates a traffic accident hit and run as a qualifying felonious assault. The lady had no license or insurance and a previous DUI and has been arrested many times for multiple series feloy crimes. What should I do to proceed with this u visa that will supersede her coming to the USA with her sisters passport which is siupposedly a permanent bar? Thanks keithhatchett@ ###-####
JA: Thanks. Can you give me any more details about your issue?
Customer: I came here in 2000 as an 18 year old with my sisters passport on advice from my mother and sister that flew to Peru and gave it to me. I was charged with improper documentation,overstaying my visa which I never had, false political asylum letter that I did not write, and falsely claiming to be USA citizen . I never claimed to be my sister but I did have her passport. They put effort in chrome women's facility in Miami . I got out and a year later I went to court. They never charged me with anything but improper documentation . I was told I would receive a letter as to when I was to leave the country. I never recieved the letter. I was here in limbo for 4 years when I met keith . We were friend for a year and one half and eventually started dating, fell in love , and got married. We were told by an attorney that all I had against me was improper documentation . We were married and two years after marriage ICE came into our home and took me from my husband at 5 am on April 2nd 2008. I have been in Peru away from my wonderful husband keith for eight years now. We found out about the u visa last July and I believe that I qualify as I was a victim of the felonious assault through this hit and run accident. Please help us
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Submitted: 1 year ago.
Category: Immigration Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
A felonious assault is one that is done intentionally by one party against another. A hit and run is an accident, not intentional, where the party just does not stop to report the accident as required by the traffic laws. They are not one in the same thing, the distinct difference is in a felonious assault the defendant intended to hurt the victim, in a hit and run there was no intent to hurt the victim.
I am sorry to say that you are in a bad situation, since you entered the country illegally. Legally no matter how you illegally entered the country they can still punish you over that and since a hit and run is by definition not intent to injure (since you can have a hit and run where there is property damage only and you cannot prove the driver meant to hurt you or even damage the car, it does not qualify under assault).

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