“I-918 U-Visa pending with bona fide determination; previous student visa overstay and pending asylu
Hi AVVO Lawyers, I came to United States in 2015 as Student F1 flee from prosecution of my life. Never been to College, after 6-7 months Applied Asylum and got my work permit a year later.
While working night shift on Store i got Robbed on gun point and was very scared of my life. That causes me trauma. It took 1-2 years to be little normal as i was on therapy and medication. In 2020 i applied for i918 petition and U-Certificate signed by police, My statements and all Evidence and news documents. In 2024 in August i received notice from USCIS as i got Bonafide. & Deferred Action. Then i applied for my EAD with U-visa
I want to know i didn’t applied or sent the Form i-192 waiver.
Do i need a waiver before i get my U-visa Approved in few years.
If i didn’t file the waiver at the time of filing i918 petition for U-visa. Will it get denied.
Just worried about the waiver form i-192
Please help.
Thank you all.
Your U-visa case will not be denied just because you did not file the Form I-192 waiver at the same time as your original I-918.
Carl Shusterman (former INS Trial Attorney, 1976-82) has 40+ years of experience practicing immigration law. He has testified before the U.S. Senate Immigration Subcommittee as an expert witness. He was featured in the February 2018 issue of SuperLawyers magazine. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship. This answer may have been generated with the help of artificial intelligence.
No. Your U-visa case will not be denied just because you did not file the Form I-192 waiver at the same time as your original I-918. If USCIS determines that you need a waiver, they will simply issue an RFE later asking you to submit the I-192. Having a pending asylum case or overstaying your F-1 does not automatically require or trigger a waiver, and receiving Bona Fide Determination + deferred action is a strong sign that your case is moving in the right direction. You should be prepared to file the waiver later if USCIS requests it — but your case will not be denied for not filing it upfront.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Board Certified Specialist in U.S. Immigration Law, The State Bar of California...
Multiple postings, each time from a different state, will not get you more or better answers. /////////////////////////////////////////////////////////////
The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts...
