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DAP Forums > DREAM Act > The Lounge

U visa problem (

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#1
07-31-2014, 07:17 PM
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timur4ik
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Hello everyone and thank you for reading my post! Well I applied U visa recently and they received on 07/10/14. And my biometrics appointed for 08/12/14. But 3 days ago ICE came to my home looking for me and yesterday me and my lawyer went to USCIS in pittsburgh and they arrested me and put me on removal and right now i have NTA for September and then court will put date for me for my hearings .
Honestly i'm scared to death i think like most of immigrants are. But at the same time i'm confused i've pending case but other hand they want to deport me. Please help! If someone had similar experience let me know. thanks
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#2
07-31-2014, 07:25 PM
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You will go into the hearing, and will seek to have it administratively closed due to having a pending application for a U-visa with USCIS.
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#3
07-31-2014, 07:28 PM
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do you think judge will grant if my lawyer shows all the documents we applied for U visa?
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#4
07-31-2014, 07:30 PM
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any idea what could have triggered ICE looking for you? i figure it was not because of your application...
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#5
07-31-2014, 07:33 PM
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Well even my lawyer was surprised that why whould ICE look for me whan i have pending case. well they said sorry but they didn't know i had pending case and anyways still for them i was out of status
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#6
07-31-2014, 07:35 PM
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And on their NTA also shows i was on F-1 status till January 2014 but because of the robbery i lost all my necessary documents and my savings i was out of status and only hope was U visa. They don't wanna understand that.... I told them reason why iwas out of status because i applied for U visa
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#7
07-31-2014, 08:03 PM
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If your lawyer doesn't know then we sure as hell can't know. There was some debate on here a few months ago about the purpose of the U-Visa and whether it applies to petty crimes so keep us updated.
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#8
07-31-2014, 08:06 PM
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Quote:
Originally Posted by IamAman View Post
If your lawyer doesn't know then we sure as hell can't know. There was some debate on here a few months ago about the purpose of the U-Visa and whether it applies to petty crimes so keep us updated.
Well My lawyer doesnt know why would they look for me...
And i'm trying to find someone who had pending visa like me and went to deportation hearings .... I just want know if judge will grant me stay due to my pending status. and yeah i'll do
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#9
07-31-2014, 11:09 PM
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Quote:
Originally Posted by timur4ik View Post
Well My lawyer doesnt know why would they look for me...
And i'm trying to find someone who had pending visa like me and went to deportation hearings .... I just want know if judge will grant me stay due to my pending status. and yeah i'll do
Either way you need to go to the proceedings, skipping them without a good reason is one of the dumbest things one can do. You don't show up - you get ordered removed in absentia and have 180 days to appeal that. After that you can only try something if there's some extraordinary circumstances.

As long as you have an application pending they will not remove you. You will get an administrative closure (your case remains open, but it's shelved for now with no next date for the time being). If USCIS approves your U-visa petition, you will get deferred action until there's a visa number available for you. Deferred action will allow you to work and not get deported for the time being. Once you get a U-visa you will seek to have the case permanently closed. 3 years after getting the U-visa you will file for adjustment of status to that of a permanent resident.

Also, do not travel abroad until you get your permanent residency. While it is possible to travel on a U-visa, having accrued illegal presence in the meantime, it is a complicated process, requiring a visit at the consulate to actually give you a U-1 visa into your passport, and usually requiring another I-192 waiver of inadmissibility due to departing after living in US illegally for a period longer than 180 days.
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Last edited by Demise; 07-31-2014 at 11:13 PM..
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#10
08-01-2014, 11:42 AM
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You will need to keep going to your master calendar hearings, and your attorney will need to ask for continuances due to the pending application. You cannot ask for the proceedings to be admin. closed because your application is just pending and theres no guarantee that itll be approved, you could though ask the trial attorney to request USCIS for a prima facie letter, which is a letter where they tell you how good your uvisa case is and percentage of approval, and if the trial attorney is satisfied with the percentage you JOINTLY move to admin. close or even terminate.


http://www.ice.gov/doclib/foia/dro_p...ncent_memo.pdf
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