Immigration FAQs

Do I need to show moral character for my VAWA to be approved?

You must show good moral character in order for your VAWA to be approved. Regardless of the visa you apply for, you will have to submit sufficient evidence to qualify. Its advisable to seek the legal counsel of an immigration attorney before you apply.

Are there any restrictions on VAWA petitions?

VAWA self-petitions dont have restrictions, unlike the U visas where the law has limited the number of visas given to 10,000 per year. This means the applicants may have to wait, which will ultimately hurt their eligibility.

Can you be deported while the U visa is pending?

This generally doesnt happen but its possible. When you submit your U visa application, immigration will have your address and itll be easy for them to find you. In the event this happens, call your attorney immediately to see your options. You can also get the approval of your U visa even after deportation. Although we dont see this happening, remember that you are in the United States illegally therefore you are at risk of being deported any time.

Can I get a protective order?

Protective orders are good as they can stop the abuser from contacting, attacking, assaulting, and telephoning you or other family members. You dont have to be a citizen or permanent resident in order to request these. Besides this prospective order, you can also ask for child custody, child support, and expel the abuser from your home.

Is there anything I can do while they process my application?

There are a couple of things you can do as you wait:

• Not leaving the country. Dont commit any crimes. Be an active participant in your community. Notify your U visa attorney immediately if you make any changes or if you have any questions or concerns.

Whats the processing time for the visa?

This generally takes about a year and a half but this is just an estimate and not a guarantee. For instance, Form I-918 may take a different time to be processed depending on your particular case. Also, the USCIS may request additional information, which will put your file on hold and consequently delay the process.

Whats the required documentation before the visa interview?

You must gather a few things before the interview:

• Passport: This must be a valid passport to travel in the U.S for at least half a year after your period of stay. When there are more people in your passport, each person will have to submit a separate application. Form DS-160 of the Nonimmigrant Visa Application. If you are required to pay before the interview, bring the application fee receipt. Photo: You can upload your picture when completing the Form online. When this fails, then you must bring a printed photo with the photographs requirements specified on the government site. Notice of action: That is form I-797 showing approval of a U nonimmigrant petition.

What happens during the interview?

The consular officer will determine if you are qualified to receive the visa during the interview. Also, which category is suitable depending on the reasons why you travel. You will have to establish that you meet all the legal requirements to receive the visa. There will be digital fingerprinting, depending on the location where you go for the interview. You may also need further administrative processing after the interview for which you will be notified by a consular officer.

How long it takes to adjudicate the U visa application?

Processing times can vary. However, you may expect to receive a decision within the next six to twelve months. USCIS doesnt like to publish its processing times probably due to each case being different, some taking longer than others.

How long will it take to receive a work permit?

Individuals applying for the U visa, that is the main applicants, will be able to obtain a work permit right after the visa is approved. The derivative U visa applicants will have a work permit together with the I-918A Form. Derivative applicants may choose to file the I-795 Form after the U visa has been approved, at any time throughout its validity.

Do DAPA recipients qualify for public benefits?

DAPA recipients are not eligible for federal public benefits. That includes housing subsidies, food stamps, and financial aid. State benefits will depend on state law. The vast majority of states grant DAPA recipients with drivers licenses.

What happens if the DAPA application is rejected?

The USCIS will not share your personal information with any government agency when applications are rejected. This will include information about guardians and family members. This information, however, may be shared with agencies such as ICE and CBP for other purposes not related to removal, which may include:

• National security purposes. To investigate or prosecute a criminal offense. In order to detect or stop fraudulent claims. To contribute with considering a deferred action request.

Can I qualify for DAPA if I have been deported before?

You may need individual legal advice from a DAPA lawyer to find out. Some people who have been deported before qualified for DAPA. It all depends on the deportations timing and circumstances.

Do applicants have to show that they paid taxes in order to qualify or apply for DAPA?

President Obama didnt speak about paying taxes in his November 20, 2014 announcement. The requirements described dont include tax payments as an eligibility factor. The payment or nonpayment of taxes may be listed under the discretionary factors.

How much will the DAPA application cost?

This application costs the same as the fee for the DACA program, which is $465. This fee includes the work permit application, fingerprinting and the DAPA application.

How old a child has to be in order for the parent to apply?

There is no age limit. The child can be any age as long as he or she was born on or before November 20, 2014.

What should be done when the applicant is in detention?

The right staff person in the detention facility should be notified. ICE and CBP have been instructed to find people in custody who are eligible so that resources are not spend in vain. You or your DAPA lawyer can contact the Community and Detainee Helpline at 1-888-351-4024 or the Law Enforcement Support Center hotline at 1-855-448-6903. You can also send an e-mail to ERO.INFO@ice.dhs.gov.

When someone receives DAPA can he or she travel outside of US?

We dont know yet. There is not information about this currently available. The applicant should not leave the United States without advance parole before receiving DAPA. Information about whether or not a DAPA applicant qualifies for advance parole will be provided as soon as it becomes available.