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Would filing U Visa interfere with I-130?

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  • Would filing U Visa interfere with I-130?

    Hi
    My parents filed I-130 for me in Feb 2011.
    Receipt and priority date March 2011
    Approved (I-797) in 2014
    Going by the USCIS website, i'm looking at 1 more year until my priority date is here.
    I was outside of the country on filing.
    I came over on vacation with my kids, to help my mom while she recovered from surgery. She had to have more emergency surgeries.
    I stayed to help...which incurred over staying of visa.
    A couple of years later I married a USC. I did not apply for I-485. He strung me along, thought he could take advantage because i'D be too afraid to speak. A crime was committed, myself being the victim.
    The DA suggested I file for a U visa.
    Would this hurt my I-130 case which my priority date should be here in about 12 months.....or will the U Visa filing help me?
    Thanks in advance

  • #2
    Check the visa bulletin of the current month, and you can see if you can apply for the permanent residency.

    If you apply for U visa you need to wait about 3 to 5 years for the approval. Sometimes USCIS give you deferred action, 1 to 2 years after received the documents and you can apply for work permit. If you don't receive the deferred action letter you can not obtain the work permit, you need to wait until they approve your U Visa.

    The best you can do is seek and Attorney.

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    • #3
      Thanks for the reply.
      I spoke to my attorney a while ago. We got it figured out. 😊

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      • #4
        Did it affect your parent's petition? I'm in the same situation and I always wonder if it cancels my mother's I-130 that she filed in 2001. I'm in a long waiting list.

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        • #5
          Originally posted by jazmg View Post
          Did it affect your parent's petition? I'm in the same situation and I always wonder if it cancels my mother's I-130 that she filed in 2001. I'm in a long waiting list.
          Due to unfortunate circumstances, I ended up applying for a different type of visa (abusive ex husband). My I-130 petition is still in force alongside, for now.

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          • #6
            Originally posted by Cardiff123 View Post
            Due to unfortunate circumstances, I ended up applying for a different type of visa (abusive ex husband). My I-130 petition is still in force alongside, for now.
            So, do you know how will it workout if they both come out at the same time?
            I mean When you have to adjust status thru U Visa and your I-130 petition date is near,will they cancel one. If so which one?

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            • #7
              I have no idea. My I-130 date is current but have VAWA application in, via lawyer. Not sure where we're up to. Need to work but waiting for EAD through VAWA application.

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              • #8
                Originally posted by Cardiff123 View Post
                I have no idea. My I-130 date is current but have VAWA application in, via lawyer. Not sure where we're up to. Need to work but waiting for EAD through VAWA application.
                I guess we'll have to wait and see

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                • #9
                  If you do not receive the deferred motion letter you can't attain the paintings permit home garage, you need to wait till they approve your U Visa.

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