Once USCIS
United States Citizenship and Immigration Services
U.S. Citizenship and Immigration Services is an agency of the U.S. Department of Homeland Security that administers the country's naturalization and immigration system. It is a successor to the Immigration and Naturalization Service, which was dissolved by the Homeland S…
Can I travel with my current or pending U visa?
With My Current or Pending U Visa? If USCIS granted or is deciding on your U status, travel will require you to visit a U.S. consulate for a return visa -- which could be denied. Need Professional Help?
What is the difference between a visa and a U visa?
After being approved by USCIS, you will receive U “status,” which authorizes you to remain in the U.S.—but you will not receive an actual U “visa.” A visa is a document in your passport that enables you travel in and out of the United States. Technically, you can obtain a visa only from a U.S. embassy or consulate abroad.
How to apply for a U visa from outside the US?
Whether you are applying from within or outside the US, you must get your petition approved from USCIS to qualify for the U visa. When USCIS approves your petition, you will get a Form I-797, Notice of Action, which you must attach to your documents.
Can I travel outside the US while waiting for a visa?
Unless you have another valid visa that allows you to travel in and out of the U.S. (such as a student visa), you will be stuck outside the U.S. until USCIS is done adjudicating your application and transfers it to the nearest U.S. embassy or consulate for what is known as “consular processing.”.
What happens after visa U is approved?
After being approved by USCIS, you will receive U "status," which authorizes you to remain in the U.S.—but you will not receive an actual U "visa." A visa is a document in your passport that enables you to enter the United States. Technically, you can obtain a visa only from a U.S. embassy or consulate abroad.
Can I travel while on U visa?
While U nonimmigrants may technically travel outside the United States,4 they will be required to undergo consular processing at a United States Embassy in the country to which they have travelled in order to return to the United States – a process which may take considerable time.
What is approved U visa?
If approved, the U visa provides the victim with: temporary immigration status including work authorization; • temporary immigration status for qualifying family members of the victim; and • the possibility of lawful permanent resident status.
What are the benefits of U visa?
U visa status benefits include the following:Lawful status for up to four years;Work authorization;Derivative benefits for qualifying family members; and.Eligibility to adjust status to a lawful permanent resident after three years.
How long does it take to get green card after U visa?
Applications for an adjustment from U nonimmigrant status to lawful permanent residency are filed with the USCIS Vermont Service Center. The processing time for a green card can vary significantly from case to case, though it generally takes 1 – 2 years.
Does U visa lead to green card?
U.S. immigration law allows noncitizens who have been victims of certain crimes and granted U nonimmigrant status (U visa) to become lawful permanent residents (get a Green Card). To qualify for a Green Card as a crime victim, you must have U nonimmigrant status and meet certain eligibility requirements.
How long are U visa certification good for?
Is this a normal time frame for validity? o Yes, the VSC may issue U nonimmigrant status for a maximum period of four years under 8 C.F.R. § 214.14(g)(1).
What is the new law for U visa?
DHS will grant a U Visa if the applicant demonstrates they suffered substantial physical or mental abuse as a result of having been a victim of certain criminal activity; possesses information concerning that criminal activity; has been helpful, is being helpful, or is likely to be helpful in the investigation or ...
What percentage of U visas are approved?
Adjudicative outcomes have remained relatively constant over time: the approval rate is about 84% for principal petitioners (and 83% for derivatives) for petitions submitted in 2014 (the last year for which data are available).
How long does it take to get a work permit with U visa?
US Citizenship and Immigration Services (USCIS) maintains an online portal with up-to-date estimates of application processing times for most immigration petitions. Currently, the estimated waiting time for a work permit is approximately 2.5 – 5 months.
Can U visa applicant get work permit?
Because it is taking so long for the government to review U visa applications, USCIS may give you a work permit and deferred action while you wait for a final decision.
Can you lose U visa?
An arrest or other police contact could hurt your status. If you commit certain crimes and are arrested, you could lose your U visa and be deported. If you are arrested for any reason, advise your public defender that you are here under the U visa and contact an immigration lawyer or NWIRP right away.
How long does the U visa process take?
After you submit your application, the U visa waiting time can range between 12 to 18 months. However, this process can be prolonged if you fail to correctly fill out the application or are required to submit additional documentation.
How long is the U visa backlog?
USCIS caps the number of U visas each year at 10,000, even though tens of thousands of applicants apply every year. Once the cap is reached, the remaining applicants are placed on a waiting list. This creates a backlog that stretches back approximately five years.
Does advance parole count as legal entry?
When border patrol officials grant your parole request, then you can enter the United States legally. Advance Parole provides a path to re-entry, but it does not guarantee your re-entry into the United States. The U.S. immigration official at the port of entry will make that decision.
Can I leave the US with a work visa?
The work permit allows you to legally work while waiting for your green card to arrive, and the travel permit allows you to leave the country without putting your green card application at risk. Both permits are optional, and applying for them might not make sense depending on each applicant's situation.
Leaving Before Approval Risks Missing Important USCIS Mailings
All people who apply for an immigration benefit with U.S. Citizenship and Immigration Services (USCIS) must provide an address where they can be re...
U Applicants May Be Stuck Outside The U.S. If They Leave
A pending application for U status does not provide you with any reentry privileges. Let’s say you submitted your Form I-918, Application for U Non...
Traveling Abroad May Show That You Are No Longer Eligible For A U Visa
Another one of the main eligibility requirements for a U visa is that you are actively providing helpful information to law enforcement officials t...
If You Leave The U.S. in U Status, You Must Obtain A Visa For Return
After being approved by USCIS, you will receive U “status,” which authorizes you to remain in the U.S.—but you will not receive an actual U “visa.”...
Leaving The U.S. May Trigger Inadmissibility For Unlawful Presence
Traveling abroad can also be problematic because leaving the U.S. can trigger inadmissibility grounds that you did not have to address in your init...
Lengthy Absences Might Make You Ineligible to Adjust to Permanent Resident
If you are in U status, you should consult an experienced immigration attorney to help you before you leave the United States, because you may also...
How to Apply for the U visa?
When applying for a U Visa, you will need to complete a few main steps, in order to get the visa. These steps are as listed and clearly explained below:
What is the U Visa?
U Visa is a US non-immigrant for victims of criminal activity who have suffered mental and physical abuse. It is designed for two reasons:
What Are the Benefits of the U Visa?
Those victims who are granted U visa status have the right to remain in the US for the period that their visa is valid. They become legal non-immigrants and have the following rights:
How Much Does it Cost to Apply for a U Visa?
Since this applies to victims of crimes and violence, the application procedure is free of charge. There are no fees to apply for, but there are fees for filing some of the forms. However, to avoid these fees, you can file for a waiver by sending in a written request or Form I-912, Request for Fee Waiver.
How Long Does it Take to Process U visa?
Unfortunately, the U visa takes quite some time to process. It can take from 12 to 18 months for the U visa to be processed and approved.
Can I Apply for a Green Card With a U visa?
When you have a U visa for 3 years, you are eligible to apply for a Green Card. To be eligible for US permanent residence, besides having the U visa for 3 years, you must also have complied with US law enforcement requests. So you must have shared all information regarding the crime to the police and not withheld anything.
What is the Difference With the T Visa?
The main difference between the T visa and the U visa is that the T visa is issued specifically to victims of human trafficking, while the U visa is for victims of any serious crime.
3 attorney answers
Me too. Though I would elaborate that even if USCIS issues you an advance parole document, because you have lived more than 1 year in the U.S. if (and only if) you leave the U.S. you will become subject to a "10" year bar - which means you will have to live outside the U.S. before you get your green card UNLESS you qualify for a waiver.
Young Ah Ri
You will need an advance parole to return to the U.S. You may wish to wait to file an advance parole until you have filed for adjustment of status, to avoid any possible bar to adjustment.
Where is the visa affixed?
Your visa will be affixed inside your passport. Please verify the information contained both on the visa and on the letter stapled of the package to ensure that the information is correct. If not, please contact us.
How long can you stay in the US without a reentry permit?
Without a re-entry permit, any absence from the US of 12 months or longer, or any residence established outside the US, is considered grounds for loss of permanent resident status. Please review the rights and responsibilities of being a Legal Permanent Resident in the United States.
How long does it take to get an alien card?
It normally takes several months for DHS to process and send the alien registration card to you. In the interim, the passport stamp permits employment and travel until the card arrives. You may depart and return to the US before you receive the alien registration receipt card, as long as the DHS stamp in you passport has not expired. Should you wish to leave the US and your stamp has expired and you have not yet received your alien card, you should contact DHS in the US BEFORE departure to ensure permission to return to the US. Otherwise, you will not be allowed to board the plane to return to the US.
How long do you have to live outside the US?
If, in the future, you plan to live outside the US for more than 12 months , you must apply for a re-entry permit in the US BEFORE departure. The maximum validity of this document is two years. If the relocation is permanent, you should formally abandon your permanent resident status by returning your “green card” with completed I-407 form (PDF-653KB) to the local US Embassy or Consulate. Without a re-entry permit, any absence from the US of 12 months or longer, or any residence established outside the US, is considered grounds for loss of permanent resident status.
Do you have to open a sealed visa packet?
Do not open the sealed visa packet, you must carry it unopened to an immigration officer at a port-of-entry.
Why do consulates delay giving T visas?
This may happen because the consulates are not sufficiently trained on T visas and may delay giving you a T visa or may give you bad advice and information. 1. Being outside the U.S. for more than 90 days at a time, or more than 180 days in combined trips, may prevent you from getting lawful permanent residence.
Do I need to apply for a T visa before I leave the US?
If you have T visa status and you already submitted an application for lawful permanent residence that is still pending, then you will need to request permission, called “advance parole,” before leaving the United States. I f you do not request advance parole before leaving the U.S., USCIS will assume you have dropped your lawful permanent ...
