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U- visa, can i legally stay just after applying for U visa as victim of violence even if my husband goes back to home country?

Bloomington, IL |

Can i stay in USA under deferred action as a victim of abuse and apply for U visa from US itself? My visa will be under process for H-1 b in April 2013, but can also apply for deferred action if i have been a victim of domestic violence and case has been reported to police on 911. do i have any options for my future security here? Please help.

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Attorney answers 3

Best Answer
Posted

You can definitely petition for and wait adjudication of a U visa while in the USA legally or not. You do not need to leave to seek U visa from abroad.

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Posted

Your question is a bit confusing as you indicate you will be applying for the H1 B and at the same time want to apply for a U visa. Remember the U visa is not available for just any crime but for only certain enumerated crimes- which an immigration attorney can assist you with. If you are applying for H1 B not clear why you would need to apply under the U . Consult an immigration attorney who knows both types of cases to see if the U visa is even possible.

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Posted

Since any decision you must make deals with your immediate future in the U.S. it compels me to suggest that you need to have a full and legally correct understanding of your options stated during a personal meeting with a practicing immigration attorney.

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