Shah Peerally Law Forum is a FREE SERVICE offered to the entire immigrant community from Shah Peerally Law Group PC. Anybody can be a member of this forum – you do not need to be a client to be a member. If you have any question feel free to call us at: 510-742-5887

Disclaimer: We take no responsibility for accuracy of information provided , please use at your own risk. Note: Please do not post any negative comments or remarks about any person or organization. Do not post personal information details. Courts and government agencies can require us to disclose your email, IP address. etc.

Announcement

Collapse
No announcement yet.

EAD for U visa

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • EAD for U visa

    Hey guys, I was wondering lately about my U visa application,

    I applied for U visa in November 2017, along with that, my lawyer also applied for EAD since I already have SSN thanks to my on campus job. I am on F-1 status right now which expires in may 2018.

    I was wondering if I had to wait for EAD until I get DA or they will just send a temporary EAD for now since U visa DA can take several years. I am very confused. Even my

    lawyer don't have much idea about that process. If you experienced members could solve my confusion I would be really grateful since I am not sitting around waiting

    years before anything happens. Thanks.

  • #2
    Originally posted by ronthestar View Post
    Hey guys, I was wondering lately about my U visa application,

    I applied for U visa in November 2017, along with that, my lawyer also applied for EAD since I already have SSN thanks to my on campus job. I am on F-1 status right now which expires in may 2018.

    I was wondering if I had to wait for EAD until I get DA or they will just send a temporary EAD for now since U visa DA can take several years. I am very confused. Even my

    lawyer don't have much idea about that process. If you experienced members could solve my confusion I would be really grateful since I am not sitting around waiting

    years before anything happens. Thanks.
    Hi there,
    I’m not trying to ruin ur mood but since u applied in 2017, u have a long way to go. I would say at least 3years to get DA and EAD. USCIS doesn’t send u a temporary work permit until u r on Waiting list. Applicant from 2015’s 1st quater are still waiting for DA. You have to wait 3-4years bro Unless Congress increase the cap for U-visa. Hope that helps you.
    Last edited by Hussain_ex; 03-08-2018, 08:47 AM.
    U visa Application date: March 10, 2015
    Biomatrics Done: April 20, 2015
    RFE August 09, 2018
    Waiting for DA.

    Comment


    • #3
      Originally posted by ronthestar View Post
      Hey guys, I was wondering lately about my U visa application,

      I applied for U visa in November 2017, along with that, my lawyer also applied for EAD since I already have SSN thanks to my on campus job. I am on F-1 status right now which expires in may 2018.

      I was wondering if I had to wait for EAD until I get DA or they will just send a temporary EAD for now since U visa DA can take several years. I am very confused. Even my

      lawyer don't have much idea about that process. If you experienced members could solve my confusion I would be really grateful since I am not sitting around waiting

      years before anything happens. Thanks.
      I agree with Hussain. Since you are already in status which is good till may 2018. after that you will be out of status. you have an option of either leaving the US and go to your home country this way you will not incur inadmissibility issue due to over stay of your visa and get U visa stamped at the US embassy in your country or you can just stay back in Us after your current status expires in May 2018. if you choose to stay back then it is more likely that you will incur and overstay visa situation and you will be required to file for an waiver to get a final U visa, I will advise you to consult an experienced attorney.

      Comment


      • #4
        Originally posted by Vish View Post
        I agree with Hussain. Since you are already in status which is good till may 2018. after that you will be out of status. you have an option of either leaving the US and go to your home country this way you will not incur inadmissibility issue due to over stay of your visa and get U visa stamped at the US embassy in your country or you can just stay back in Us after your current status expires in May 2018. if you choose to stay back then it is more likely that you will incur and overstay visa situation and you will be required to file for an waiver to get a final U visa, I will advise you to consult an experienced attorney.

        You don’t have to file an waiver to get your final U visa approved. I have been out of status since 2013 but they approved my U visa without any kind of waiver filed. I filed only U visa application along with I765. They approved my EAD DA first, then DA letter and now U visa with EAD under A19 category. I feel like immigration rule is differ from case to case.

        Comment


        • #5
          Originally posted by Vish View Post
          I agree with Hussain. Since you are already in status which is good till may 2018. after that you will be out of status. you have an option of either leaving the US and go to your home country this way you will not incur inadmissibility issue due to over stay of your visa and get U visa stamped at the US embassy in your country or you can just stay back in Us after your current status expires in May 2018. if you choose to stay back then it is more likely that you will incur and overstay visa situation and you will be required to file for an waiver to get a final U visa, I will advise you to consult an experienced attorney.
          He doesn’t need an waiver for final U visa.. only if he overstays and he want to go to his country and get U visa stamped then he needs to submit I-192. Or else he is good.
          U visa Application date: March 10, 2015
          Biomatrics Done: April 20, 2015
          RFE August 09, 2018
          Waiting for DA.

          Comment


          • #6
            HI,

            I have one question on mind since apply for u visa.

            If ... If U Visa is rejected is there any option available .

            Or we have to discuss with our lawyer.

            Thanks.

            Comment


            • #7
              Originally posted by bhadate06 View Post
              HI,

              I have one question on mind since apply for u visa.

              If ... If U Visa is rejected is there any option available .

              Or we have to discuss with our lawyer.

              Thanks.
              U visa cannot be rejected. You need to qualify under u visa category. Once you determine that you fall under u visa category, they ll issued DA. Once DA, they have to approved U visa under any circumstances.
              They won’t simply Reject U visa. Once you apply, if you qualify they will ask you RFE if needed otherwise, you just have to wait. But if you don’t qualify, they will simply say your application doesn’t qualify U Visa BUT later, if you file motion to re open your case, you need to send strong evidence By sending RFE regarding how that incident effect you mentally or physically.

              Comment


              • #8
                Hi Nayan .
                Thanks for your rely.

                Can you explain what is exactly DA means and REF.

                I know only basic thing.

                If you dont mind.

                Thanks

                Comment


                • #9
                  Originally posted by nayan12 View Post
                  You don’t have to file an waiver to get your final U visa approved. I have been out of status since 2013 but they approved my U visa without any kind of waiver filed. I filed only U visa application along with I765. They approved my EAD DA first, then DA letter and now U visa with EAD under A19 category. I feel like immigration rule is differ from case to case.
                  Hi Nayan, i was out status since 2010 and i had to file a waiver I-192 for waiver after which is received the conditional approval and than i received final U visa in jan 2018. i agree with you each case is unique and different.

                  Comment


                  • #10
                    Originally posted by Hussain_ex View Post
                    He doesn’t need an waiver for final U visa.. only if he overstays and he want to go to his country and get U visa stamped then he needs to submit I-192. Or else he is good.
                    Hello Hussain,
                    Just out of curiosity, since i am not a legal expert in this. if he chooses to stay back in US and becomes out of status from May 2018 onwards,how will he explain the out status gap from May 2018 till he gets conditional approval?? ( if at all he gets RFP) The reason i am also bit curious in this because i got a friend he is exactly into the same situation. he will be out of status in oct 2018 an the lawyers had him file I-192 just for a safety. I guess you and nayan may be right, since the person is already in status at the time of filing U visa hence he may not require to file I-192
                    Once he gets a conditional approval he does not need to file a waiver.
                    Last edited by Vish; 03-10-2018, 12:33 PM. Reason: n

                    Comment


                    • #11
                      Originally posted by bhadate06 View Post
                      Hi Nayan .
                      Thanks for your rely.

                      Can you explain what is exactly DA means and REF.

                      I know only basic thing.

                      If you dont mind.

                      Thanks
                      DA means Deferred Action or Conditional approval. USCIS will issue DA if they feel your case is approvable and they did not approve due to lack of enough visa. Once USCIS has enough visa they will approve your case and send you approval notice. during the time in DA you can get work permit(EAD) and receive social security and drivers license and you can legally work and drive

                      If you dont mind.

                      Thanks[/QUOTE]

                      Comment


                      • #12
                        Originally posted by bhadate06 View Post
                        Hi Nayan .
                        Thanks for your rely.

                        Can you explain what is exactly DA means and REF.

                        I know only basic thing.

                        If you dont mind.

                        Thanks
                        RFE means Request For Evidence. They ll ask you RFE regarding your incident. It could be relating to your case. It could be anything that they want to know before issuing DA.

                        Comment


                        • #13
                          Originally posted by Vish View Post
                          Hello Hussain,
                          Just out of curiosity, since i am not a legal expert in this. if he chooses to stay back in US and becomes out of status from May 2018 onwards,how will he explain the out status gap from May 2018 till he gets conditional approval?? ( if at all he gets RFP) The reason i am also bit curious in this because i got a friend he is exactly into the same situation. he will be out of status in oct 2018 an the lawyers had him file I-192 just for a safety. I guess you and nayan may be right, since the person is already in status at the time of filing U visa hence he may not require to file I-192
                          Once he gets a conditional approval he does not need to file a waiver.
                          I lost my status on may 2013 after I graduate . Got removal letter. Place on removal/Deportation on oct 2013. Got robbed on gun point on Nov 2012.If I had known, That I can file U visa then at this Moment I would have already got my Green Card. Coz that time, you will get DA less than a year and another 3 years for Green card. I would have already had my green card back in 2016.
                          U VISA file on July 2014 along with i765 with no waiver.
                          APPROVED on 2018 feb
                          I saw some people say on my previous post that my family is danger. Well nothing is danger than a deportation letter. At least they haven’t got any kind of deportation letter till now.
                          I was panic more than anyone.
                          And here I am with waiting long years than anyone since 2012 I had finally had something in my hand. I am still happy with all my hard work that I have done in my life.
                          So I said to everyone one Just be PATIENCE. You ll get rewarded
                          Have patience in yourself always and believe in you

                          Comment


                          • #14
                            Hi Nayan congrates

                            Is there I can personal contact no

                            Comment


                            • #15
                              Hi Vish,
                              U-visa has some great benefit for the applicant. U can be out of status and it doesn’t required any explanation. U can live here ilegally, which is fine. All you need to do is to be eligible for the U visa. When I say eligible, i mean u have to have the police report of the crime, medical record, physical/mental condition. These r the basic requirement for an U visa.

                              #1: Some people lived/overstayed in the US after their visa/status expired and then they went back to their home country. They are the one who must needs to submit an waiver I-192.

                              N.B. If someone leave the US without overstaying then they dont have to submit an waiver.

                              #2: some of our attorney submits I-192 along with u visa application even though we r in the US, it is because they dont wanna take any risk. Which is good but that doesn’t mean it is a must.

                              #3: if anyone overstays and decide to go back to their home country to get a U visa stamped after their U visa is approved. Then they must file I-192 waiver form. Or else they may not get the U visa stamped coz of their overstay in the US.

                              I personally went out of status in january 2015, applied for u visa in March 2015. My attorney never file an waiver for me. Even I asked him to file I-192 and he said I’m good and there’s nothing to worry about.

                              This is just an personal understanding. I might be wrong. If I said something wrong in this comment please correct me. And it is always good to consult with an attorney.

                              Best of luck to everyone. We went thru a lot and we still fighting. Hopefully we all gonna hear some good news soon.
                              U visa Application date: March 10, 2015
                              Biomatrics Done: April 20, 2015
                              RFE August 09, 2018
                              Waiting for DA.

                              Comment

                              Working...
                              X