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…
Full Answer
Can I enter the US after my U visa is approved?
Once USCIS has approved your U visa application, you may only enter the U.S. with an official visa from the consulate or with advance parole if you have filed your application for lawful permanent residence.
What happens if you leave the US with a U visa?
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.” A visa is a document in your passport that enables you travel in and out of the United States.
Can I stay in the US without a valid visa?
Not having a valid visa does not affect your ability to stay in the U.S., as long as you have a valid status; and conversely, having a valid visa does not mean you can stay in the U.S., if you are out of status.
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.”.
Can I travel within the US with AU visa?
Unless you have another valid visa that allows you to travel in and out of the U.S. (such as an F-1 student visa), you will be stuck outside the U.S. until USCIS is done deciding on your application and has transferred it to the nearest U.S. embassy or consulate for what is known as "consular processing."
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.
Can I travel out of the country with AU visa?
In most instances, it is not advisable for people in U-visa status to travel abroad, even after U-visa status has been granted. If you'd like to travel overseas while in U-visa status, you should consult with an experienced immigration attorney near you who can explain all of the risks involved with such travel.
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.
What happens after your U visa is approved?
After you file your application for permanent residence, you will need to wait for USCIS to make its decision, which could take as long as two years. While you wait for the decision, USCIS will extend your U visa status, and you can apply for or renew your work permit.
How long does it take to get a green card through U visa?
In most cases, long wait times are an unfortunate reality when dealing with the United States Citizenship and Immigration Services (USCIS) department. After you submit your application, the U visa waiting time can range between 12 to 18 months.
Is U visa a 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).
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).
Can AU visa applicant be deported?
If USCIS denies your request for a U visa, then your status is still the same as it was before you applied. This means that if you are in the country without legal documentation, you are at risk for being detained and deported.
What is the new law for U visa?
U Visa holders become eligible to apply to adjust status to lawful permanent resident (green card) after three years in U nonimmigrant status. After five years as a lawful permanent resident, one becomes eligible to apply for U.S. citizenship.
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).
Who is eligible for U visa?
U.S. visas are available for crime victims who provide helpful information to investigating authorities. The Victims of Trafficking and Violence Protection Act of 2000 authorized two new visas: the "U" visa for immigrant victims of serious crimes and the "T" visa for victims of severe human trafficking.
How long is the U visa backlog?
This drastically increased by the fourth quarter of Fiscal Year 2020, where average processing times for receipt notice of a U visa petition until placement on the waitlist grew to 50.9 months and the processing time from waitlist placement until final adjudication was 10 months.
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.
Is U visa a 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).
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.
What is a U visa?
The U nonimmigrant status (U visa) is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking ...
When was the U visa created?
Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in October 2000. The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, ...
How long is a nonimmigrant visa valid?
When U nonimmigrant status is granted, it is valid for four years. However, extensions are available in certain, limited circumstances if the extension is (PDF, 96.74 KB):
How old do you have to be to get a derivative U visa?
If you, the principal, are... Then... Under 21 years of age. You may petition on behalf of your spouse, children, parents and unmarried siblings under age 18.
What is a nonimmigrant U?
U Nonimmigrant Eligibility. You are the victim of qualifying criminal activity. You have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity. You have information about the criminal activity. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, ...
What form do I use to apply for a waiver for a nonimmigrant?
laws. You are admissible to the United States. If you are not admissible, you may apply for a waiver on a Form I-192, Application for Advance Permission to Enter as a Nonimmigrant.
Do you have to take additional steps to get a visa?
Petitioners do not have to take any additional steps to request the U visa. USCIS will notify the petitioner of the approval and the accompanying U visa.
Can you board a flight if you forgot your ID?
Passengers may still be allowed to board their flight if they had forgotten to carry with them their photo ID. In such cases, passengers will have to provide personal information so that this information can be matched with that available on public databases. Only if their identity cannot be verified, they may not be allowed to board the flight.
Do you need a passport to travel with a green card?
They can also have their passports with them if they choose to have it but they are not required to carry a passport to travel within the U.S.
Do non-immigrants need a passport?
citizens and green card holders. Nonimmigrants will need to keep with them their passports from their home country. They also need to carry their international driver’s license (if they hold one) and their nonimmigrant visa paperwork.
When did the Department of State update its immigrant visa application forms?
On May 31, 2019, the Department of State updated its immigrant and nonimmigrant visa application forms to request additional information, including social media identifiers, from most U.S. visa applicants worldwide. Please see our Frequently Asked Questions.
How long does it take to get a visa if it is refused?
The duration of the administrative processing will vary based on the individual circumstances of each case. Except in cases of emergency travel (i.e. serious illnesses, injuries, or deaths in your immediate family), before making inquiries about status of administrative processing, applicants should wait at least 180 days from the date of interview or submission of supplemental documents, whichever is later. Learn more.
What is an indefinite visa?
Indefinite validity visas (Burroughs Visas) are tourist/business visas manually stamped into a traveler’s passport which were valid for ten years. Effective April 1, 2004, all indefinite validity Burroughs visas became void. Therefore, if you have an indefinite validity visa you must apply for a new visa for travel to the U.S.
Where to reapply for a visa if it has been damaged?
If your visa has been damaged in any way, you will need to reapply for a new visa at a U.S. Embassy or Consulate abroad.
Can a foreigner enter the US with a visa?
A visa does not guarantee entry into the United States, but allows a foreign citizen coming from abroad, to travel to the United States port-of entry (generally an airport or land border) and request permission to enter the United States. The Department of Homeland Security, U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the United States, and determine how long a traveler may stay. At the port of entry, upon granting entry to the United States, the Department of Homeland Security, U.S. immigration inspector, provides you an admission stamp or paper Form I-94, Arrival/Departure Record in your passport. On this admission stamp or paper form, the U.S. immigration inspector records either a date or "D/S" (duration of status). If your I-94 contains a specific date, then that is the date by which you must leave the United States. Your admission stamp or paper Form I-94 is very important to keep in your passport, since it shows your permission to be in the United States. Review information about Admission on the CBP Website. Also, see Duration of Stay.
Can a temporary visitor stay in the US?
A visa must be valid at the time a traveler seeks admission to the United States, but the expiration date of the visa (validity period/length of time the visa can be used) has no relation to the length of time a temporary visitor may be authorized by the Department of Homeland Security to remain in the United States. Persons holding visas valid for multiple entries may make repeated trips to the United States, for travel for the same purpose, as long as the visa has not expired, and the traveler has done nothing to become ineligible to enter the United States, at port-of-entry.
Does a visa allow entry to the US?
A visa does not guarantee entry into the United States. A visa allows a foreign citizen to travel to the U.S. port-of-entry, and the Department of Homeland Security U.S. Customs and Border Protection (CBP) immigration inspector authorizes or denies admission to the United States. See Admissions on the CBP website.
What about Air Travel inside the U.S.?
Many of my clients have flown within the U.S. without incident. The risk is higher. To board an airplane, all travelers must present a government-issued ID. A foreign passport meets that requirement. Of course, if immigration officials review your documents you could be detained. However, if you are in removal proceedings you can travel. You will need to produce your (1) Notice to Appear (Form I-862) issued by the Executive Office of Immigration Review; and (2) your ID (even foreign passport). If you are issued a Notice to Appear it means that you have already been interview by immigration officials and they have started proceedings to deport you from the U.S. They generally have no reason to detain you, again.
Where are undocumented immigrants most at risk?
The more that an undocumented immigrant is in places where there are heightened security risks, like airports, the higher risk of detention. Generally, you are unlikely to have a problem if you travel by car, bus, or train unless you visit an area near a land border. For example, the Southern parts of California, Texas, Arizona, ...
What do you mean with a U.S. driver’s license I am less likely to have a problem?
Let’s stay you are taking a bus from New York to New Jersey. Immigration officials come onto the bus. It is rare, but it happens. They come to you and ask you for your identification. If you provide them a foreign passport they will almost certainly inquire further. How did you come to the U.S.? Are you here legally? Those are just two of the obvious questions the officials will ask. Whereas, if you show them a U.S. issued driver’s license they are less likely to ask you anything else.
What happens if you are stopped by immigration?
In case you are stopped by immigration officials, you are not obligated to answer their questions beyond providing your identification. If immigration doesn’t know you are undocumented and they don’t have an order for your arrest, you will be likely released.
Can you be undocumented at any time?
If you are undocumented you need to be prepared for this. It can happen at any time on any day. You can be a passenger in a car or in your home or at work. I have represented clients who have faced immigration officials under all three circumstances. You must be prepared.
What is a visa stamp?
A U.S. visa (visa stamp) is only for entering the U.S. The visa's expiration date is the last day you can use the visa to enter the U.S. The visa has nothing to do with your ability to stay in the U.S. That is determined by your status, which is given upon entry. Not having a valid visa does not affect your ability to stay in the U.S., as long as you have a valid status; and conversely, having a valid visa does not mean you can stay in the U.S., if you are out of status.
Is an I-20 proof of valid status?
Your I-94 and I-20 is sufficient proof that you are in valid status, if you ever need to prove it. You should bring that with you.
Do you need a visa to leave the US?
You would only need a visa if you leave the U.S. and need to re-enter the U.S. again. You an only get a visa at a U.S. consulate outside the U.S. It is common for long-term international students in valid status to have their visa expired for years because they have not had to leave the U.S. during that time.
Can you check your immigration status?
When traveling within the U.S. , you should almost never run into anyone who will ask about your immigration status, unless you go within 100 miles of the Mexican border where there are Border Patrol checkpoints. Local law enforcement (except perhaps in Arizona) generally don't deal with immigration stuff because it is a federal matter. It is not within the TSA (the agency you will most likely deal with when traveling by air)'s jurisdiction to check immigration status, although there have been occasional reports of bad agents who yell at people for expired visas (not understanding that the visa has nothing to do with status). (Plus they do not have the training to check even if they wanted; for example, someone out of status is still legal if they have a pending Adjustment of Status, Change of Status, or Extension of Status application, or if they have pending asylum or Deferred Action, etc. The intricacies of immigration law are way too complicated for a non-immigration agency to deal with.)
