Do I need to go to my home country to get my U non immigrant status?

Asked 9 months ago - Seattle, WA

I have filed the Petition for U Non immigrant Status and a supplement to include my wife, since we both do not have legal status.

I just received a Request for Evidence for my application and would like some clarification if possible. It says that I am inadmissible for two reasons: Aliens present without being admitted and Non immigrant without valid passport. They also request the form I-192, Application for Advance Permission to Enter as a Non immigrant.

My Questions:

Why would I need advance permission? Do I need to go to the U.S. Embassy in Mexico to get the U-visa and come back to U.S. with that U-Status? Is there a way I would just get from within the U.S.?

Do I also need to include the form for my wife and her passport as well? Will she get her status at the same time as me?

Attorney answers (7)

  1. Win Chester Eaton

    Pro

    Contributor Level 10

    8

    Lawyers agree

    Answered . The best advise for you is to contact a competent immigration attorney. You do not want to leave the U.S. If you filed the 918 in the U.S. with the VSC and they have issued an RFE - it is very important that you contact an attorney ASAP - well before the RFE due date.

  2. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . What you need is a consultation with an immigration. Avvo is not a law firm.

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that... more
  3. F. J. Capriotti III

    Contributor Level 20

    6

    Lawyers agree

    Answered . You need a lawyer.

    I repeat

    You need a lawyer

    There are many good non-profit agencies in Seattle ... go to one of them.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  4. Angela Teide Moore

    Contributor Level 13

    6

    Lawyers agree

    Answered . The U visa is a very beneficial for people such as you. You should not mess it up by trying to do it yourself. We, as attorneys, can help you to respond to the Request for Evidence and help you take advantage of this great opportunity to become legal in the US. Talk to one of us.

  5. Eileen Michelle Sterlock

    Contributor Level 7

    5

    Lawyers agree

    Answered . It sounds like you did not file all the forms necessary to complete a U visa application. It also sounds like you may be confused about the U visa process in general. You should seek the assistance of an attorney immediately to help you complete your application and respond to the RFE before the deadline. There are also nonprofit immigration organizations in the Seattle area that may be able to help you. But its very important that you talk to a licensed attorney right away.

  6. Ili J. Subhan

    Pro

    Contributor Level 14

    4

    Lawyers agree

    Answered . You should schedule a consultation with an immigration attorney. An immigration attorney will be able to answer all your questions , assist you with responding to the RFE, and help guide you through the entire U visa application process.

    The information provided is intended for informational purposes only and should not substitute for the advice and... more
  7. Lisa Ann Yankey

    Contributor Level 3

    4

    Lawyers agree

    Answered . Your basic question is whether it is possible to complete the U Visa process from within the United States. Yes, it Is possible to complete the U Visa process from within the United States. Some people complete the process in the US, and some people complete it abroad. However, at this point in your personal case, you have gotten into a complicated area and it is time to consult an attorney.

    As others have stated, you need a lawyer to assist you with your personal case as you move forward with answering the Request for Evidence.

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