Montgomery County U Visa Case Process

The Montgomery County U visa case process is often complicated and frustrating. An individual who is considering applying for a non-immigrant U visa should consult with a compassionate U visa lawyer to help determine an effective course of action. Attempting to pursue a U visa without a dedicated attorney may lead to an applicant misunderstanding the important steps of the process and ultimately being denied residency. If you or a loved one were the victim of a qualifying crime, call today and schedule a meeting to start discussing potential legal options.

Main Steps Involved in U Visa Case

The different steps involved in a U visa case often start with the applicant completing the form I-918. They typically will also have to include the form I-918 Supplement B, which is the certification received from law enforcement. A person should also include any supporting documents that show that the applicant was the victim of the qualifying crime and was harmed as a result of that crime, including a personal statement, any medical records, and police records. If there are any inadmissibility grounds, an applicant generally will have to submit a waiver. After the U visa applicant submits the application, USCIS will send them a receipt notice, which shows when they received the application.

If those steps are successful, the applicant will receive a biometrics notice a few weeks after submission of the application for them to be fingerprinted at the USCIS facility. After this step, the process can become a waiting game as the individual generally has to wait until the U visa is adjudicated. Following adjudication, the U visa applicant becomes the U visa recipient and typically will receive their employment authorization. Someone who has held a U visa for three years while being physically present in the United States generally has the opportunity to become a lawful permanent resident.

Timeline of the U Visa Process

The timeframe of a U visa case can span over a number of years. Currently, the USCIS is adjudicating U visa applications that were submitted around October of 2014. While an exact time frame is not applicable to the Montgomery County U visa case process, a person may need to wait approximately four years before the status of their visa is determined.

Potential Risk of Deportation During U Visa Application Process

It is important to understand that while a successful U visa application may allow a person to stay legally in the United States, the application itself does not grant any sort of visa or immigration benefit while it is being processed. As a result, someone who is applying for a U visa may be concerned with the possibility of deportation while they wait for their case to be adjudicated. Individuals who are presently in removal proceedings could request that DHS join a motion to administratively close proceedings while the applicant’s U visa application is pending before USCIS. When proceedings are administratively closed, the applicant typically does not have to attend their hearings at the immigration court in the future. Unfortunately, it is rare for the DHS to administratively close proceedings which may be caused by the current administration’s strict stance on immigration. If a person is removed and the U visa application is approved in the future, the U visa recipient typically will have to go through consular processing after the U visa is granted.

Factors That May Play a Role in Prosecutorial Discretion

In terms of prosecutorial discretion, DHS often considers factors such as why the U visa applicant is seeking administrative closure. They may also consider any reasons as to opposing the request for administrative closure. The DHS will factor in the likelihood of that the U visa applicant will succeed in obtaining the benefit, how long the administrative closure will be in effect, and what the outcome may be in the removal proceeding if it was to proceed rather than be administratively closed.

Contact a Reliable Attorney About the U Visa Case Process in Montgomery County

Someone who is attempting to obtain a U visa should speak with competent legal counsel as soon as possible. A qualified lawyer who understands the Montgomery County U visa case process could substantially improve a person’s chance is succeeding in court and could work to advocate on the individual’s behalf. If you or a loved one is seeking a U visa, consider reaching out to an attorney who is familiar with such cases. Call today and schedule a legal consultation to begin identifying potentially effective legal strategies.