For victims of crime seeking immigration relief in the U.S., the U Visa is a critical pathway to safety and stability. However, questions often arise about what happens if you leave the U.S. while your U Visa application is pending. Unlike many other immigration applications, a U Visa application can continue to be processed even if the applicant leaves the United States. Here’s everything you need to know about handling your U Visa application from abroad.
What Is a U Visa?
The U Visa is designed for victims of certain crimes that occurred in the United States, providing temporary immigration status for those who have suffered significant mental or physical abuse and are willing to assist law enforcement in the investigation or prosecution of the crime.
Common qualifying crimes include:
- Domestic violence
- Sexual assault
- Human trafficking
- Stalking
- Kidnapping
Can You Leave the U.S. While Your U Visa Application Is Pending?
Unlike many other types of immigration applications, leaving the U.S. does not necessarily mean your U Visa application will be denied or considered abandoned. Even if you file your U Visa application from outside the U.S., it can still be processed.
Once your U Visa application is approved, you would apply for a U Visa at a U.S. embassy or consulate by submitting Form DS-160. Upon approval, you will be granted a U Visa to enter the U.S. as a nonimmigrant.
Challenges of Applying for a U Visa from Outside the U.S.
1. Biometrics Processing
One of the most significant hurdles for applicants outside the U.S. is biometrics processing. USCIS requires biometric information to be collected for most applications, including U Visas.
- USCIS will not schedule biometrics appointments abroad.
- Instead, they will issue a Request for Evidence (RFE) instructing you to coordinate with a U.S. embassy or consulate for biometrics collection.
2. Proving Continued Cooperation with Law Enforcement
For a U Visa application to be successful, the applicant must demonstrate ongoing cooperation with law enforcement.
- This requirement can become complicated if you are no longer in the U.S.
- It’s essential to maintain communication with law enforcement officials, responding to emails or phone calls as needed.
- Documenting this communication is vital to show compliance with U Visa requirements.
3. No Permission to Enter the U.S. While Pending
While a U Visa application is pending, you will not receive permission to enter the U.S.
- The Bona Fide Determination process, which provides work authorization and permission to remain in the U.S. during the pending period, does not apply to applicants who have filed from abroad.
- Therefore, you must wait until the U Visa is officially approved before attempting to enter the U.S.
4. Long Processing Times
The processing times for U Visas are notoriously lengthy, often taking years for approval. During this period, it’s essential to maintain consistent communication with U.S. officials if required.
Benefits of Applying for a U Visa from Abroad
Despite the challenges, applying for a U Visa from outside the U.S. offers unique benefits:
- No automatic denial due to departure: Leaving the U.S. does not result in automatic abandonment of your application.
- Ability to include family members: If your spouse or children are abroad, you can include them in your application as long as they are unmarried and under 21.
- Flexibility in filing location: Whether you file from within the U.S. or abroad, the application process remains available.
Final Thoughts
U Visa applicants face unique challenges, especially when applying from outside the U.S. or deciding to leave the country during the application process. However, with careful preparation and communication with law enforcement officials, it is possible to navigate these complexities successfully. For professional assistance with your U Visa application, whether you are in the U.S. or abroad, contact the NPZ Law Group at www.visaserve.com or call 201-670-0006. Contact us today.