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.

U visa rejected

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

  • U visa rejected

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

  • #2
    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

    Comment


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

      Comment


      • #4
        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.

        Comment


        • #5
          President does not whant any immigrant legal or illegal he for got where he's parents comes from sad

          Comment


          • #6
            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?

            Comment


            • #7
              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.

              Comment


              • #8
                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.

                Comment


                • #9
                  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.

                  Comment


                  • #10
                    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.

                    Comment


                    • #11
                      Originally posted by Jabalin05 View Post
                      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.
                      They already did that. They started reviewing cases since last year. U visa is different from other visas. It is the only visa that forgives convictions, working illegally and entering illegally. VAWA has already been renewed by Trump. The problems most people have been facing is when they try to adjust.

                      Comment


                      • #12
                        Anybody can get a notice to appear if their cases aren’t approved

                        Comment


                        • #13
                          Originally posted by Leah View Post
                          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.
                          You can try a motion to reopen form I-290B probably it’ll buy you some time,I did file it;the denial letter will explain why your case was denied according to the laws,I don’t really know if USCIS is letting people file those appeals or motions anymore,like everyone say rules are changing to make it impossible for immigrants to get legal,even although I’m in the boat I’m still scared I can be taken in custody by ICE,my record is clean and I never had a deportation order against me,you can always call this number and check if you are in removal procedings dial 18008987180,it’ll ask for your alien number,just follow the instructions,there’s even an option for Spanish which is number 2,hope it really help to someone on here

                          Comment


                          • #14
                            Originally posted by Leah View Post
                            They already did that. They started reviewing cases since last year. U visa is different from other visas. It is the only visa that forgives convictions, working illegally and entering illegally. VAWA has already been renewed by Trump. The problems most people have been facing is when they try to adjust.
                            I honestly don’t know if they have reviewed it yet,I read it on the news last Friday that they were about to review VAWA

                            Comment


                            • #15
                              how did you get AOS without u visa or anything?

                              Comment

                              Working...
                              X