Illegal Immigrants Who Are Victims of Crimes Eligible for Temporary Visa

Illegal immigrants who are victims of crime may be eligible for a temporary U Visa in order to help police make an arrest.

U Visa

DVIDSHUB

Many victims of crimes who are in the country illegally are afraid to come forward during an investigation for fear of being deported. The U Visa is a temporary visa, good for up to four years that is reserved to protect victims of crimes by ensuring the victims will not face deportation if they are able to help law enforcement investigate and prosecute their aggressors.

Eligibility requirements

According to the Department of Homeland Security, a person may be eligible for a U visa, otherwise known as U nonimmigrant visa, if they:

• “are the victim of qualifying criminal activity.
• have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity.
• have information about the criminal activity. If [they] are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may possess the information about the crime on your behalf (see glossary for definition of ‘next friend’).
• were helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. If [they] are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may assist law enforcement on [their] behalf.
• The crime occurred in the United States or violated U.S. laws.
• are admissible to the United States. If [they] are not admissible, [they] may apply for a waiver on a Form I-192, Application for Advance Permission to Enter as a Nonimmigrant.”

Also listed by the Department of Homeland Security, U.S. Citizenship and Immigration Services are the ‘qualifying criminal activities” which are:

• Abduction
• Abusive Sexual Contact
• Blackmail
• Domestic Violence
• Extortion
• False Imprisonment
• Female Genital Mutilation
• Felonious Assault
• Fraud in Foreign Labor Contracting
• Hostage
• Incest
• Involuntary Servitude
• Kidnapping
• Manslaughter
• Murder
• Obstruction of Justice
• Peonage
• Perjury
• Prostitution
• Rape
• Sexual Assault
• Sexual Exploitation
• Slave Trade
• Stalking
• Torture
• Trafficking
• Witness Tampering
• Unlawful Criminal Restraint
• Other Related Crimes*†”

Abuse of a well-intended program

While the U visa was created originally to help those who were victims of sex trafficking through the Victims of Trafficking and Violence Protection Act of 2000, it is swelled into a free-for-all for any illegal immigrant willing to prosecute another person who has wronged them in order to be granted temporary citizenship. Otherwise minor offenses such as stalking, blackmail, and witness tampering are now qualifying criminal activities that can secure a victim a temporary citizenship. Those who are victims of more heinous crimes such as female genital mutilation, rape, and sex trafficking now have to fight for one of the 10,000 U visas granted annually.

Used ONLY if/when needed

Another concern over the U Visa program is the lack of a deadline between when a crime is committed and when a petition for a U visa is accepted. Victims of qualifying criminal activities can apply for a U Visa immediately after the crime or even over a decade later which was the case for Javier Flores Garcia of Philadelphia. Garcia and his brother were attacked by two other illegal immigrants, with Garcia and his brother suffering several stab wounds. The incident took place in 2004 yet Garcia did not apply for a U Visa and offer to help prosecute his assailants until 2016. Twelve years had passed, and Garcia only agreed to help police make a case against the two men when he himself was suddenly facing deportation.

Unfair tool to obtain a conviction

Although the U Visa has its place to help victims of crimes suffering from physical and mental abuse, many feel it is being overused and/or abused. Until the U Visa program is reexamined and revised to only help those who truly need it, its use in obtaining a conviction or rising a case from the dead should be strictly limited.

Murder and Desecration of a Dead Human Body

A Utah man was arrested over the weekend on suspicion of murder and also for desecration of a dead human body.

Beaten to death

Desecration of a Dead Human Body

Photo by: r. nial bradshaw

34 year old Kammy Edmunds, mother of two, was found battered and deceased in the bathroom of her Mt. Pleasant home Saturday morning and her fiancée has been arrested in connection with her death. Initially, 35 year old Anthony Jeffery Christensen told police Edmunds had supposedly died as a result of injuries sustained in a car crash but after further investigation, police determined she had been beaten to death. Christensen was booked as the sole suspect in the case.

“The car accident”

The fabricated story of the vehicle crash allegedly came about from Christensen attempting to blame Edmunds fatal injuries on a car crash that happened sometime in the late evening or early morning hours after he passed out drunk. In support of his story, Christensen’s late fiancée’s vehicle was found at the bottom of an embankment with her blood on the interior of the vehicle. Although the tale could have made sense to an untrained eye, investigators as well as a medical examiner concluded that the drive off the embankment would not have killed Edmunds. Additionally, her injuries consisted of multiple blows to the head which was not consistent with a car crash. Lastly, there was evidence that Edmunds body had been moved through the house post-mortem; all signs pointing to her fiancée as a her murderer.

Desecration of a dead human body

Photo by: dave Nakayama

Photo by: Dave Nakayama

Christensen’s efforts to cover up the real story of what happened to Kammy Edmunds didn’t pan out, and he was booked into Sanpete County jail on murder charges. Had he not gone through the trouble of producing a vehicle crash story and rearranging the murder scene, his charges would have stopped there. Since he dragged the body through the house and attempted to make it look like an accident, he is also facing charges for obstruction of justice and desecration of a dead human body. Utah Code 76-9-704 states “A person is guilty of abuse or desecration of a dead human body if the person intentionally and unlawfully:

(a) fails to report the finding of a dead human body to a local law enforcement agency;

(b) disturbs, moves, removes, conceals, or destroys a dead human body or any part of it;

(c) disinters a buried or otherwise interred dead human body, without authority of a court order;

(d) dismembers a dead human body to any extent, or damages or detaches any part or portion of a dead human body; ( . . . )

Failure to report finding a body is a class B misdemeanor, while all other types of desecration of a dead human body are punishable as a third degree felony.

Covering his tracks

Desecration of a dead human body can be seen as either a complete lack of respect for the dead or in this case, perhaps a panicked attempt to hide a grievous mistake. Christensen does not have a history that paints him out as one who would enjoy maliciously desecrating a body. He does have a history of acting out in anger though. According to legal information from two other states, Christensen had a history of domestic violence and had obviously not received enough help in controlling his angry outbursts of violence, even after multiple charges of domestic battery over several years.

Get help now

Photo by: Saurabh Vyas

Photo by: Saurabh Vyas

Utah has many programs and classes available to help those who struggle with anger and violence; In fact, these programs are often court ordered when charges of domestic violence are present. It is unclear whether or not Christensen had attended any classes or programs in his past, whether voluntarily or not. Now hopefully he can get the help he needs to control his anger by attending different behavioral classes during his time in prison. His life and the life of Kammy Edmunds and her family are forever changed and classes at this point will do little to help except to give Christensen understanding in his actions. For those who are facing charges of domestic violence, contact a criminal defense attorney and be sure to inquire about anger management classes. Anyone looking for help in controlling anger before it amounts to criminal charges such as murder or desecration of a dead human body, contact your local health department.

Shots Fired During Domestic Dispute at Southern Utah Home

An early morning domestic dispute at a southern Utah home ended in shots being fired and the SWAT team being dispatched.

Discharge of a weapon

Photo by: Washington County Sheriff's Office

Photo by: Washington County Sheriff’s Office

Over three hours before sunrise on Sunday morning, residents of the quiet Tonaquint Terrace neighborhood in Southern Utah were awakened to the sound of gunshots coming from the home of John Christian Cole. Within minutes, the SWAT team had Cole’s house surround and nearly five hours after law enforcement was called, Cole was arrested without further incident.

Escalated marital spat

Investigators have determined that Cole was quarrelling with his wife when their domestic disputed escalated and he discharged a firearm. No one was reported to be seriously injured, including the couple’s two children who were also inside the residence at the time of the shooting. Among his charges however was listed a domestic violence simple assault, so it is assumed there might have been a minor physical altercation before or after Cole fired those shots in his home.

Felony charges following domestic dispute

Domestic Dispute

Photo by: madstreetz

According to the Washington County Sherriff’s Office bookings report, Cole was charged with simple assault; felony discharge of a weapon; possession of marijuana; and two counts of domestic violence in the presence of a child which were deemed aggravated since a dangerous weapon was used. Cole faces two misdemeanor charges as well as three third degree felonies which can each carry a five year prison sentences.

Anger management and proper storage of firearms

As with most arguments between spouses, things have the potential to intensify rapidly and it is always wise to have a strategy in place to allow each individual the time and space needed to regain a cool head; this is especially true when children are present. Additionally, properly storing firearms out of direct reach, unloaded, and under lock and key may deter any rash decisions to include said firearms in a domestic dispute. For those seeking counsel following poor decisions during a domestic dispute, contact a qualified criminal defense attorney who is experienced in handling domestic violence cases.