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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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.
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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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.
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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.