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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

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.; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.For legal advice please contact us directly through one of the above.


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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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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