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Travel outside the US while U visa is pending

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  • Travel outside the US while U visa is pending

    I have a pending U visa application since Aug 2015, but I got a great job offer in Ireland and am tempted to go. After 1 year there I could qualify for a E1 visa and come back, but I'm afraid the government would decline because I have been undocumented here.

    Can I go and then come back when my visa is approved?

    Thank you all!

  • #2
    Originally posted by MorningPerson View Post
    I have a pending U visa application since Aug 2015, but I got a great job offer in Ireland and am tempted to go. After 1 year there I could qualify for a E1 visa and come back, but I'm afraid the government would decline because I have been undocumented here.

    Can I go and then come back when my visa is approved?

    Thank you all!
    Generally attorneys not to travel outside US when your U visa application is pending. If you have got DA already than you can travel outside US and than you have to wait until you get U visa to come back. Have you filed I-912 which is to seek weaver to any inadmissibility. I suggest to consult your attorney.

    Hope this helps.

    Comment


    • #3
      Originally posted by Scorpion View Post
      Generally attorneys not to travel outside US when your U visa application is pending. If you have got DA already than you can travel outside US and than you have to wait until you get U visa to come back. Have you filed I-912 which is to seek weaver to any inadmissibility. I suggest to consult your attorney.

      Hope this helps.
      you would need to apply for a visa, Right? Unless already have b1/b2, F-1 or some other multi-visit valid visa.

      ---------------------------------------------------------------------------------------

      Fiscal Year 2018 U Visa Approved
      Application Date - April 14 2014
      DA EAD - April 10 2015
      2nd EAD Application Date - Dec 16 2016
      2nd DA EAD - June 18 2017
      I-918 Approved - Oct 12 2017

      ---------------------------------------------------------------------------------------

      Comment


      • #4
        I was facing similar situation but finally I gave up.

        I've been told for all COS(Change Of Status) action under NIV(Non-Immigrant Visa) classification, any departure will be recognized abandonment.

        Although U-VISA does not require I-539, being in NIV category I personally think it makes sense.

        For best answer ask professional attorney.
        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


        • #5
          Scorpion: Can we Travel outside of US with DA?

          Comment


          • #6
            Originally posted by sarahyd View Post
            Scorpion: Can we Travel outside of US with DA?
            I am sure you are looking for scorpions response. In the meanwhile I can tell you answer is big NO. You will jeopardize ur uvisa.

            Comment


            • #7
              Originally posted by sarahyd View Post
              Scorpion: Can we Travel outside of US with DA?
              You can travel outside US with DA, there is no problem for going out of this country. The issue is when you try to come back. You will not be able to come back in US while waiting on DA. You will have to wait for the actual U visa to be given to you. And you will have to face the consular processing. Seek an attorney. But as far as I know, you shouldn`t travel outside US on DA.

              Agree with nmhrk.

              Comment


              • #8
                Originally posted by csharam.uc View Post
                you would need to apply for a visa, Right? Unless already have b1/b2, F-1 or some other multi-visit valid visa.
                When your case is pending on U visa, you won`t be able to apply for another visa, as far as I know. The custom officials at the airport are very strict and they see every immigrant, non-immigrant with suspicious eye.

                Well in my case, I am not leaving this country until I get GC, no matter what. I am firm with that. I have invested so many years of my life so far and will not loose just for few more years.

                Comment


                • #9
                  I am abroad and when I come back, I wont leave until I get American passport, thats serious. There is no life outside the U.S. You should stay IN the U.S.

                  Comment


                  • #10
                    I was waiting for DA and I traveled to Mexico with advance parole under my DACA for childhood arrivals. I came back just fine and I had no problems. 2 months later, I got u-visa DA. But talk to your attorney.

                    Comment


                    • #11
                      @Scorpion how long have you waited??

                      @everybody that replied... Thank you so much for your inputs. I'm giving up and waiting until I at least have the visa approved.

                      Comment


                      • #12
                        Originally posted by MorningPerson View Post
                        I have a pending U visa application since Aug 2015, but I got a great job offer in Ireland and am tempted to go. After 1 year there I could qualify for a E1 visa and come back, but I'm afraid the government would decline because I have been undocumented here.

                        Can I go and then come back when my visa is approved?

                        Thank you all!
                        Hi, I knew one person who was undocumented here and emigrated to Ireland, had papers done There and he was able to come back to The United States.

                        Comment

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