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?
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.
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7 lawyers agree
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.
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5 lawyers agree
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.
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3 lawyers agree
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.
This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.