U Nonimmigrant Visa Application by Alexa Rodriguez: Frequently Asked Questions

Yes.

• The limit on the number of U visas that may be granted to principal petitioners each year is 10,000. However, there is no cap for family members deriving status from the principal applicant, such as spouses, children, or other eligible family members.

• If the cap is reached before all U nonimmigrant petitions have been adjudicated, USCIS will create a waiting list for any eligible principal or derivative petitioners that are awaiting a final decision and a U visa.

• Petitioners placed on the waiting list will be granted deferred action or parole and are eligible to apply for work authorization while waiting for additional U visas to become available.

• Once additional visas become available, those petitioners on the waiting list will receive their visa in the order in which their petition was received. Petitioners on the waiting list 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.

8 C.F.R. §214.14(d)(2)

Please Note: 

• It is important to note that during the time of deferred action or parole, the grantee awaiting a visa/status will not accrue unlawful presence. INA §214(a)(9)(b)

• Also they will be eligible for employment authorization. 

Maybe but it is not recomended. 

Traveling on a U Visa Status

• It is very important that you consult an attorney before attempting to travel with U Visa Status.

• You are not automatically granted a U Visa. When your petiton is granted you are given nonimmigrant status to remain in the United States.

• Also please be advise that leaving the country may trigger a ground of inadmissibility and you will need to submit a waiver in the event that this occurs. 

Yes.

The immigration status of the abuser does not matter for U visa status.  

• You do not have to be married to the abuser nor related to them to be eligible for the U visa status but you must meet all the eligibility requirments for it. 

 INA § 101(a)(15)(U)

No.

A person that is granted U Visa status cannot file a nonimmigrant or immigrant visa petition on behalf of the person who abused them.  INA §204(a)(1)(L)

Yes.

If you were deported you may apply for an inadmissibility waiver when submitting your U Visa petition from abroad.

No.

While there is no time limit to reporting of a qualifying crime it does make it more difficult for the certifying official or agency to provide you with certification if a substantial amount of time has passed. Please remember that the certification is discretionary.