Leesburg U Visa Case Process

Applying for a U visa is a difficult process to undertake alone. That is why it is important to work with a qualified U visa attorney. An experienced lawyer could help ensure that you submit documentation within the necessary timeline while answering your questions and fighting for you. If you want to know more about the Leesburg U visa case process, speak with a knowledgeable U visa lawyer that could advocate for you.

Steps Involved in a U Visa Case

The Leesburg U visa case process begins with a person submitting Form I-918 as well as Form I-918 Supplement B. The applicant would have to ensure that they obtain that certification form before they are able to submit any U visa application. They would have to obtain any supporting documents that would show eligibility, like submitting a personal statement, any evidence that harm was suffered as a result of the crime, any police reports, and hospital reports. Those are some examples.

If the applicant has any immigration inadmissibility issues, they will have to submit Form I-192, the application for advance permission to enter as a non-immigrant. Then, after obtaining the certification, completing the forms (Form I-918 and the I-912, if applicable), and gathering the documents evidencing the harm suffered, a person would submit the U visa application to USCIS. After submission, the U visa applicant will receive a receipt notice from USCIS, which shows that the application was received and the date it was received.

After a couple of days or weeks, the U visa applicant will receive a biometrics notice, which will inform the applicant where and when they have to go get their fingerprints done at the USCIS facility. Then it is a waiting game. The applicant will have to wait for their application to be adjudicated by USCIS. After the U visa application is approved, the applicant will receive their employment authorization. After the applicant has been a U visa recipient for three years, they will be able to apply for a Green Card.

How Long Does it Take to Secure a U Visa

The Leesburg U visa case process usually takes about 46 to 46.5 months, according to www.uscis.gov. It changes often, but very little. For example, UCIS is adjudicating applications that were submitted on or before October 16, 2014. It takes this long to obtain a U visa because only 10,000 U visas are granted each year. The number of U visa applications received significantly impacts the timeline of a U visa case. If the cap is reached, it will affect the timeline of the U visa cases waiting to be decided.

Concerns About Facing Deportation While Waiting for Their Case to Be Heard

Applicants should know that having a pending U visa does not grant the applicant any immigration benefits. If the applicant is in deportation proceedings, they will be able to request that the Department of Homeland Security to submit a joint motion to administratively close proceedings while their petition is pending adjudication with USCIS, which would allow the U visa applicant to not have to go to immigration court hearings while the U visa is pending. However, U visa applicants should be aware that the Department of Homeland Security is reluctant to agree to administratively close proceedings due to the current administration.

Also, applicants should know that U visa applicants can be ordered to remove from the United States even with a pending application. If they are ordered removed, they will have to submit a Stay of Removal arguing as to why they should be permitted to stay during the pendency of their Leesburg U visa case process. If the U visa applicant is removed, they would be able to go through consular processing when the U visa application is approved.

Applying for Cancellation of Removal

If someone is eligible for a U visa and Cancellation of Removal, they should apply for any and all forms of relief that are available to them. A U visa and Cancellation of Removal are not mutually exclusive to obtain. Cancellation of Removal can be submitted while in removal proceedings for VAWA protection by those who have been victims of a qualifying crime under the U visa provisions.

Factors That Play a Role in Prosecutorial Discretion?

There are lots of factors that the DHS takes into consideration for prosecutorial discretion. The factors that play the most prominent role in prosecutorial discretion are:

  • Why the applicant wants administrative closure
  • Likelihood of the application succeeding
  • How long the case would be placed in administrative closure
  • Whether the applicant is trying to delay the proceedings on purpose
  • What the likely result of the removal proceedings would be

What a Leesburg U Visa Attorney Might Look For During the Case Process

One of the steps that an attorney might take during the Leesburg U visa case process is determining if the person is a victim of a qualifying crime and if they have been helpful to law enforcement. The lawyer then has to consider what kind of mental or physical harm was suffered by the person who wants to apply for a U visa application. That would allow them to determine if, based on the information they provided, they will be eligible for U visa. If the person is eligible, their immigration attorney could work diligently to guide them through the U visa application process.