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traveling with u vsa

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  • traveling with u vsa

    Good Morning,

    Has anyone who received U VISA traveled outside the United States? My husband was approved U Visa March 2018 below is our timeline

    Applied July 2014
    Bio August 2014
    RFE March 2017
    Rcv temp work permit October 2017 valid for 2 years
    Received approval notice of U visa March 2018 work auth card valid for 4 years, with 1-94 and approval of inadmissibility.
    Applied for advance parole i131 April 2018
    Advance parole denied July 2018 letter states he is allowed to travel with U visa therefor form i-131 is unnecessary.

    I would really appreciate if someone can reply to this thread

  • #2
    It is barely seen any practice and case for U-1 petitioner in person interview, most cases are done within United States.

    As you mentioned in your post you have the approval of inadmissibility. What his previous status when he filed U-visa if any?

    Technically, once a petitioner departs United States with U-status he/she needs to get the U-1 VISA stamp on passport through consular processing for traveling back.
    U-VISA applied in late July of 2014
    USCIS received my case on 08-05-2014
    Biometric was taken in mid September of 2014

    A...L...O...N...G...T...I...M...E...W...A...I...T. ..I...N...G

    NSC Transfer 11-29-2016
    Deferred Action 04-20-2017
    DA EAD Production 08-29-2017
    Formal Approval with I-94 05-15-2018

    Comment


    • #3
      Originally posted by koir View Post
      It is barely seen any practice and case for U-1 petitioner in person interview, most cases are done within United States.

      As you mentioned in your post you have the approval of inadmissibility. What his previous status when he filed U-visa if any?

      Technically, once a petitioner departs United States with U-status he/she needs to get the U-1 VISA stamp on passport through consular processing for traveling back.
      When we first filed U visa he no status of any kind after he received the U visa approval we decided to apply for advance to feel more secure when traveling outside the US, but now that the application was denied due to "unnecessary" I am little confused I made several calls and talked to CBP in a border who said the same thing you are telling me. I am just curious as to how long it could take to get the actual stamp on his passport I went to US embassy website and it said there that he will need to have an interview and sometimes cases get investigated and is not guarantee he will be granted the Visa. Can you give me as much information as possible? Not a lot of people know about this. Also do you recommend having the interview after our or before? I am fairly close to a border and we could always take a day off and go out to have the interview get the stamp and come back then go on the trip.

      Comment


      • #4
        Originally posted by kar0320 View Post
        When we first filed U visa he no status of any kind after he received the U visa approval we decided to apply for advance to feel more secure when traveling outside the US, but now that the application was denied due to "unnecessary" I am little confused I made several calls and talked to CBP in a border who said the same thing you are telling me. I am just curious as to how long it could take to get the actual stamp on his passport I went to US embassy website and it said there that he will need to have an interview and sometimes cases get investigated and is not guarantee he will be granted the Visa. Can you give me as much information as possible? Not a lot of people know about this. Also do you recommend having the interview after our or before? I am fairly close to a border and we could always take a day off and go out to have the interview get the stamp and come back then go on the trip.

        Kar0320 - I my opinion don't leave the country (USA). I was planning of doing the same since I was approved for Canada PR and I had to touchdown and come back but my lawyer clearly told me not to go. I trust my lawyer, yet I consulted with another lawyer and did my independent research as well. Here is the risk if you leave the country - When filing for AOS (Adjustment of Status) the primary requirement is to show that you had continuous presence in USA, which means you cannot be out for more than 90 days at a stretch. Now the issue is that for U-Visa, the embassy cannot make a determination independently, since U-Visa are rare cases for them and also because the information available to them is limited. Hence the embassy has to work with USCIS and DHS, now imagine that these 3 governement organizations working together. This could potentially put you out of the country for more than 90 days which automatically make you ineligible to apply for AOS.

        Hope this helps! I'm not an attorney but just sharing my research.

        Please respond and let me know if you decide to leave the country. I would love to hear your experience.

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