U Visa with Deportation Order: Navigating the Process Effectively

The U visa is a unique immigration benefit designed for victims of certain crimes who have suffered substantial mental or physical abuse and are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity. This visa provides eligible individuals with temporary legal status and work authorization in the United States, and can sometimes lead to a path to permanent residency. Despite its potential benefits, individuals with deportation orders may wonder whether they can still apply for a U visa and what challenges they may face during the application process.

It is important to note that even with a prior removal order, a person can apply for a U visa source. However, the prior deportation will have to be dealt with eventually, and the issue must be addressed in the application and other relevant forms filed with the U visa. Furthermore, if the applicant is already in immigration court or has a case coming up because Immigration and Customs Enforcement (ICE) has detained them, they can still apply for a U visa, although immigration judges do not have the power to grant this type of visa directly source.

Individuals in this situation may also need to seek permission to reapply for admission into the United States, also known as “consent to reapply” source. This process requires close attention to detail and professional guidance to help navigate the complexities of the U visa application, overcoming a previous deportation order, and understanding the nuances of immigration law.

U Visa Overview

Purpose and Eligibility

The U visa is a nonimmigrant visa designed to provide legal protection and temporary immigration benefits for noncitizen survivors of certain crimes in the U.S. One of the primary purposes of this type of visa is to encourage victims to report crimes and cooperate with the investigation and prosecution process without fearing deportation.

To be eligible for a U visa, an applicant must meet the following criteria:

• Be a victim of a qualifying criminal activity that occurred in the United States or violated U.S. laws
• Have suffered substantial physical or mental abuse as a result of the crime
• Possess credible and reliable information concerning the crime
• Be helpful, have been helpful, or likely to be helpful in the investigation or prosecution of the criminal activity

Benefits and Limitations

The benefits of obtaining a U visa include:

• Temporary legal status to live and work in the U.S. for up to four years
• Protection from deportation while the U visa application is pending
• Eligibility to apply for permanent residency (a green card) after three years of continuous presence in the country while holding U visa status

However, there are some limitations associated with the U visa:

• The annual cap for U visas is set at 10,000, which leads to a backlog of pending applications.
• While a U visa may protect an applicant from deportation, it does not guarantee that they won’t face removal proceedings under certain circumstances. For example, if the holder of a U visa becomes inadmissible due to a criminal conviction, they could still face deportation or removal.
• Obtaining a U visa does not automatically grant the applicant permanent residency (green card). The applicant must meet additional requirements and follow the appropriate process to obtain a green card.

Regardless of the potential limitations, the U visa can offer critical support for survivors of crimes and contribute to a safer community by encouraging the reporting and prosecution of criminal activity.

Deportation Order and U Visa

Fighting a Deportation Order

If a person is facing a deportation order but is eligible for a U visa, there are options available to fight the order. One of them is to request a “Stay of Removal.” A Stay of Removal is a legal procedure that allows a person who has received a deportation order to temporarily remain in the United States¹. This can provide the applicant with time to apply for the U visa and complete the necessary process.

It’s important to work with a knowledgeable immigration attorney to properly advise on the specific steps to take in fighting the deportation order and to ensure the applicant meets the requirements for the Stay of Removal.

Applying for a U Visa During Removal Proceedings

According to U.S immigration law, individuals in immigration court or facing upcoming immigration court proceedings due to detention by Immigration and Customs Enforcement (ICE) can still apply for a U visa¹. However, it’s crucial to note that immigration judges do not have the authority to grant U visas themselves.

To apply for a U visa during removal proceedings, the applicant must provide evidence of their eligibility for the visa. This includes proving they have been a victim of a qualifying crime and that they have cooperated with authorities in the investigation or prosecution. The U visa application should be submitted to USCIS, not the immigration court¹.

It’s essential that the person facing removal proceedings and applying for a U visa works closely with an experienced immigration attorney. This ensures the accuracy of their application, fulfills legal requirements, and increases the likelihood of success in their case.

Role of Legal Representation

Benefits of an Attorney

Hiring an immigration attorney can significantly increase the chances of a successful U visa application, especially for applicants with a deportation order. Immigration attorneys have a deep understanding of the complexities of immigration law and can guide you through the process by helping you gather the necessary evidence and documentation. They can also represent you in court and ensure that you are accurately portraying your case and meeting the requirements for a U visa.

It is worth noting that U visa applicants with a deportation order can still apply for the visa, as immigration judges do not have the power to grant U visas. Having a competent attorney can ensure your case is properly presented and maximize the likelihood of a favorable outcome.

Finding an Immigration Attorney

When searching for an immigration attorney, consider the following factors:

• Experience: Choose an attorney with a strong background in U visa applications and deportation defense. This demonstrates that they have worked on similar cases and have a better understanding of the necessary procedures and strategies.
• Reputation: Read reviews and ask for recommendations from people who have successfully obtained U visas with the help of their attorneys. This can give you insight into the attorney’s performance and success rate.
• Communicative and Supportive: A good attorney should be able to explain the intricacies of immigration law in a way that you can understand, ensuring you are constantly aware of the process and progress of your case. They should also have good listening skills and empathize with the unique challenges you face as a U visa applicant with a deportation order.
• Fees: Immigration attorneys may charge different fees based on a number of factors. Make sure you discuss the fees and payment arrangements upfront so that you are clear about the costs involved in securing their services. It is important to find a balance between affordability and quality representation.

Remember, you have the right to speak with multiple attorneys before deciding on one. Choosing the right legal representation is crucial in ensuring the best possible outcome for your U visa application, especially if you have a deportation order. Competitive research and investigation can help you find a knowledgeable immigration attorney who can guide you through the complex process of applying for a U visa under challenging circumstances.

Application Process for U Visa

Required Documentation

To apply for a U visa with a deportation order, you must first gather the necessary supporting documents. These include:

• Form I-918, Petition for U Nonimmigrant Status
• Form I-918, Supplement B, U Nonimmigrant Status Certification
• A personal statement describing the qualifying criminal activity and your victimization
• Evidence to support your petition, such as police reports, court documents, and medical records

It is important to provide as much documentation and evidence as possible to strengthen your case.

Filing Fees and Waivers

There are no filing fees for the U visa itself. However, there may be fees associated with related forms, such as the Form I-485, Application to Register Permanent Residence or Adjust Status, and biometric service fees.

If you cannot afford the filing fees, you can apply for a fee waiver using Form I-912, Request for Fee Waiver, and submit it with your application.

Adjustment of Status and Green Card

After receiving U nonimmigrant status, you become eligible to apply for a green card after three years. You will need to:

1. Maintain continuous physical presence in the United States during the three-year period
2. Not unreasonably refuse to provide assistance in the investigation or prosecution of the qualifying criminal activity
3. Be admissible to the United States as an immigrant

To apply for adjustment of status, you will need to submit Form I-485, Application to Register Permanent Residence or Adjust Status, and the supporting evidence. U visa recipients are exempt from some inadmissibility grounds but may need to apply for a waiver in certain cases.

Remember that applying for a U visa even with a deportation order is possible, and following the proper application process will give you the best chance for success.

Impact of U Visa on Survivors

Protection from Deportation

The U visa offers a certain level of protection for survivors of serious crimes who are facing deportation. When an individual applies for a U visa, Immigration and Customs Enforcement (ICE) is less likely to arrest, detain, or deport them, as long as they are not deemed dangerous to others. However, this protection is not absolute, and each ICE officer’s actions may vary.

Aside from providing protection from deportation, obtaining a U visa can also grant the survivor certain benefits, including temporary legal status, work authorization, and the possibility of applying for permanent residency if specific requirements are met. In addition, U visa recipients may be granted access to waivers that can help overcome inadmissibility issues, such as a criminal history, and even provide humanitarian parole in exceptional circumstances.

Criminal Justice Cooperation

One of the essential requirements to obtain a U visa is the cooperation of the survivor with law enforcement agencies in investigating and prosecuting the crime committed against them. This cooperation positively impacts the criminal justice system by encouraging survivors to report the crimes without the fear of deportation, thus allowing law enforcement to hold perpetrators accountable.

According to the provisions of the Trafficking Victims Protection Act (TVPA), U visa applicants should have an approved certification from a qualifying law enforcement agency, stating that they have been helpful or are likely to be helpful in the investigation or prosecution of the crime. This cooperation assists law enforcement in securing necessary evidence and ultimately bringing criminals to justice.

In summary, the U visa aims to protect survivors of serious crimes from deportation and encourage their cooperation with the criminal justice system. With benefits such as temporary legal status, work authorization, access to waivers, and parole, U visa recipients can rebuild their lives while contributing to the safety and security of their communities.

U Visa for Specific Survivor Groups

Domestic Violence Victims

U Visas can provide relief for immigrant survivors of domestic violence who cooperate with law enforcement in the investigation or prosecution of the crime. To be eligible for a U visa, the survivor must demonstrate that they have suffered substantial physical or mental abuse as a result of the crime and possess credible information about the crime. They also must be helpful to law enforcement throughout the investigation process. In domestic violence cases, local law enforcement agencies are often responsible for completing the U visa certification required for the visa application.

Organizations like ASISTA provide valuable resources and support for survivors of domestic violence who are seeking a U visa. ASISTA focuses on helping legal advocates navigate the complex immigration system for domestic violence and sexual assault survivors.

Gender-Based Crimes

U visas can also be granted to survivors of gender-based crimes, such as sexual assault, human trafficking, and forced prostitution. These survivors may face unique challenges while applying for U visas, as societal pressures and stigma surrounding these crimes can make it difficult to report the crime and access necessary services. In these cases, it is critical for survivors to receive support from specialized service providers to navigate the application process.

When applying for a U visa due to gender-based crime, it is essential to provide evidence proving the survivor’s cooperation with law enforcement and the substantial harm suffered as a result of the crime. Also, consider working closely with the authorities involved, such as local police or federal agencies like ICE or USCIS, to ensure a smoother experience.

In cases where deportation is a present concern, U visa applicants can still apply even with a prior removal order. However, the deportation will need to be addressed in the application and relevant forms filed with the U visa (source). This can be a complex situation but can provide a vital opportunity for survivors of both domestic violence and gender-based crimes to remain in the United States and access the support they need.

Frequently Asked Questions

Can a U visa stop deportation?

Yes, a U visa can potentially stop deportation. If you already have a case in immigration court or have one coming up because Immigration and Customs Enforcement (ICE) has detained you, you can still apply for a U visa. However, immigration judges do not have the power to grant a U visa.

Does U visa forgive previous orders?

Although a U visa can potentially stop deportation, it is important to remember that it does not automatically forgive previous orders. When analyzing a U visa application, the authorities may take the applicant’s immigration history into account, including any deportation orders.

Can U visa lead to a green card?

Yes, obtaining a U visa may eventually lead to a green card (permanent residency). After holding a U visa for three years, U visa recipients can become eligible to apply for adjustment of status and obtain a green card, provided they meet all the requirements stipulated by U.S. immigration laws.

Are there waivers for U visa inadmissibility?

In certain circumstances, waivers for inadmissibility may be available for U visa applicants. U visa applicants who are inadmissible due to crimes, deportation, illegal entry, or illegal stay in the U.S. may apply for a waiver to overcome these bars, depending on the specific details of their case.

What are qualifying U visa crimes?

A U visa is designed for victims of qualifying criminal activities that occurred in the U.S. or violated U.S. laws. Some qualifying crimes for a U visa include domestic violence, sexual assault, human trafficking, kidnapping, extortion, and other serious offenses. Applicants must have specific, credible, and reliable information about the qualifying crime.

Is travel within the US allowed under U visa?

While holding a U visa, recipients are allowed to travel within the United States. However, it is important to keep in mind that traveling internationally may have certain restrictions and may even impact the recipient’s ability to re-enter the U.S. It is advisable to consult with an immigration attorney before planning any international travel.

Footnotes

1. WomensLaw.org ↩ ↩² ↩³