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Can I petition under U visa while my H-1 b is under process?

Bloomington, IL |

Will my petitioning under U visa affect my H-1 b application or approval? Can i legally stay in US soon after petitioning under U visa and wait for the response? Can they have any affect on each other? Under my strange circumstances can i legally do that? Even if my H- 1 b spouse plans to leave US?

Attorney Answers 5


  1. You may file for a U visa. Since you have a lot of other legal questions, it is best that you meet with an experienced immigration attorney to discuss your matter in private.

    Contact immigration attorney Gintare Grigaite, Esq. at 201-471-7989, located in New York and New Jersey. Contact immigration attorney Gintare Grigaite, Esq. for a free consultation about new Immigration Reform policies. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.


  2. I have to agree with my colleague, you are not precluded from the U visa (assuming you qualify); but as you say yourself, you have a strange set of circumstances and you should know all of the pros and cons with how you are proceeding with your immigration case and educate yourself. Please schedule a consult with an immigration attorney. Good luck.


  3. Yes you can. You can petition for a U visa in just about every situation. The waivers that the visa carries out are great and broad.

    www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.For legal advice please contact us directly through one of the above.


  4. U visa would waive unlawful presence if your spouse chooses to depart the country. The requirements for U Visa are numerous. I highly recommend you work with an immigration attorney.

    Dhenu Savla, Esq.
    SwagatUSA, LLC
    www.swagatusa.com/attorney

    This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.


  5. You can .

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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