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Thread: U visa rejected

  1. #1
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    U visa rejected

    What really happens in case when U visa application is not approved? Does anybody have accurate informations about this?

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    USCIS Updates Notice to Appear Policy Guidance to Support DHS Enforcement Priorities

    Versión en español

    WASHINGTON*— U.S. Citizenship and Immigration Services*issued updated guidance (PDF, 139 KB)*today that aligns its policy for issuing Form I-862, Notice to Appear, with the immigration enforcement priorities of the Department of Homeland Security.

    A Notice to Appear (NTA) is a document given to an alien that instructs them to appear before an immigration judge on a certain date. The issuance of an NTA commences removal proceedings against the alien. Under the new guidance, USCIS officers will now issue an NTA for a wider range of cases where the individual is removable and there is evidence of fraud, criminal activity, or where an applicant is denied an immigration benefit and is unlawfully present in the United States.

    “For too long, USCIS officers uncovering instances of fraudulent or criminal activity have been limited in their ability to help ensure U.S. immigration laws are faithfully executed. This updated policy equips USCIS officers with clear guidance they need and deserve to support the enforcement priorities established by the president, keep our communities safe, and protect the integrity of our immigration system from those seeking to exploit it,” said USCIS Director L. Francis Cissna.

    Deferred Action for Childhood Arrivals (DACA) recipients and requestors are exempted from this updated guidance when: (1) processing an initial or renewal DACA request or DACA-related benefit request; or (2) processing a DACA recipient for possible termination of DACA. As explained in the concurrently issued DACA-specific guidance, USCIS will continue to apply the*2011 NTA guidance (PDF, 77 KB)*to these cases. USCIS will also continue to follow the existing DACA information-sharing policy regarding any information provided by a DACA requestor in a DACA request or DACA-related benefit request.

    USCIS, along with U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP), has legal authority under current immigration laws to issue NTAs. This Policy Memorandum updates the guidelines USCIS officers use to determine when to refer a case to ICE or to issue an NTA. The revised policy generally requires USCIS to issue an NTA in the following categories of cases in which the individual is removable:

    Cases where fraud or misrepresentation is substantiated, and/or where an applicant abused any program related to the receipt of public benefits. USCIS will issue an NTA even if the case is denied for reasons other than fraud.Criminal cases where an applicant is convicted of or charged with a criminal offense, or has committed acts that are chargeable as a criminal offense, even if the criminal conduct was not the basis for the denial or the ground of removability. USCIS may refer cases involving serious criminal activity to ICE before adjudication of an immigration benefit request pending before USCIS without issuing an NTA.Cases in which USCIS denies a Form N-400, Application for Naturalization, on good moral character grounds because of a criminal offense.Cases in which, upon the denial of an application or petition, an applicant is unlawfully present in the United States.

    The revised policy does not change the USCIS policy for issuing an NTA in the following categories:

    Cases involving national security concerns;Cases where issuing an NTA is required by statute or regulation;Temporary Protected Status (TPS) cases, except where, after applying TPS regulatory provisions, a TPS denial or withdrawal results in an individual having no other lawful immigration status;DACA recipients and requestors when: (1) processing an initial or renewal DACA request or DACA-related benefit request; or (2) processing a DACA recipient for possible termination of DACA.

    Under separate policy guidance (PDF, 77 KB)*issued concurrently, USCIS officers will continue to apply PM 602-0050,*Revised Guidance for the Referral of Cases and Issuance of Notices to Appear*(PDF, 77 KB)(NTAs) in Cases Involving Inadmissible and Removable Aliens, dated November 7, 2011, to the issuance of NTAs and Referrals to ICE for DACA recipients and requestors.

    Interim and final policy memos*are official USCIS policy documents and are effective the date the memos are issued.

    For more information on USCIS and our programs, please visit*uscis.gov*or follow us on Twitter (@uscis), YouTube (/uscis), Facebook (/uscis), and Instagram

  3. #3
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    Im sory but they just posted on uscis website thing are getting harder everday

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    Quote Originally Posted by Nika View Post
    What really happens in case when U visa application is not approved? Does anybody have accurate informations about this?
    Depends. If you have another status. Some people also have DACA for example. If you are out of status or undocumented removal proceedings will start. That is the notice to appear. But honestly things have changed a lot. Some people are called in for interviews and picked up by ICE and held. It is hard to answer with specifics because it all comes down to individual circumstance.

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    President does not whant any immigrant legal or illegal he for got where he's parents comes from sad

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    Quote Originally Posted by Leah View Post
    Depends. If you have another status. Some people also have DACA for example. If you are out of status or undocumented removal proceedings will start. That is the notice to appear. But honestly things have changed a lot. Some people are called in for interviews and picked up by ICE and held. It is hard to answer with specifics because it all comes down to individual circumstance.
    How do you know about that some people are called for interviews and picked up by Ice? Do you mean u visa applicants?

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    Quote Originally Posted by Nika View Post
    How do you know about that some people are called for interviews and picked up by Ice? Do you mean u visa applicants?
    No interviews for u visa. I was talking about immigration on a whole. Some people that are married and trying to adjust have ended up being deported when going to interviews. U visa applicants have been arrested when going to court. U visa applicants have been deported and told they can wait outside the country. It is reported and if you follow the immigration crisis you will see things like that happening. It is scary. If you have any convictions or deportation order or if you work or drive illegally you have to be very careful. Anything that brings you to the attention of police and you can have ICE picking you up. I read it in the news and my lawyer has told me. It is not a secret.

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    Quote Originally Posted by Leah View Post
    No interviews for u visa. I was talking about immigration on a whole. Some people that are married and trying to adjust have ended up being deported when going to interviews. U visa applicants have been arrested when going to court. U visa applicants have been deported and told they can wait outside the country. It is reported and if you follow the immigration crisis you will see things like that happening. It is scary. If you have any convictions or deportation order or if you work or drive illegally you have to be very careful. Anything that brings you to the attention of police and you can have ICE picking you up. I read it in the news and my lawyer has told me. It is not a secret.
    Yes, this is true, and I know all of this, I was just courious about U visa part, because nobody says about what really happens if they don't approve someone's case. I assume they are going to send NTA to those kind of people.

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    Quote Originally Posted by Nika View Post
    Yes, this is true, and I know all of this, I was just courious about U visa part, because nobody says about what really happens if they don't approve someone's case. I assume they are going to send NTA to those kind of people.
    Things have changed so much. I haven't heard much about u visa denials either. Most people who apply for u visa are out of status by time their case gets looked at but some might have other options to remain. I think a notice of intent to deny and rfe are usually sent before a denial. Don't even know if you can appeal a denial.

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    Its going to get a lot worse,in late June USCIS changed rules now if you get RFE and you miss the dateline you’re automatically in deportation;U VISA will be targeted by Trump this year to see if it’s revoked or not,they already did it with TPS.I was denied a u visa myself a year ago,but right after that I sent my AOS package and now I got EAD/advance parole card,I already been to Monterrey mexico,just waiting on the interview for me and my wife whom is an American citizen,good luck fellas.

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