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Legal Information: Federal


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August 15, 2019

Can I apply for U visa status if I am in removal proceedings (deportation)?

If you are in removal, exclusion, or deportation proceedings, or if you are the subject of a final order of removal, deportation, or exclusion, you may still apply for U visa status.1 You can request a stay of removal or to terminate the removal proceedings. Immigration and Customs Enforcement (ICE) agents and lawyers will then consider the “totality of the circumstances” when deciding whether to grant the request. In other words, ICE will consider any favorable or unfavorable factors, and any federal interests when deciding what to do.2

Please contact an immigration attorney with experience in U visas to determine the procedures you would have to follow to apply for U visa status in your case. They should work with the national organizations with U visa expertise to ensure your case is considered and resolved quickly by Immigration - one such organization is ASISTA, which offers immigration training for professionals. Other national organizations can be found on our Immigration page.

1 8 CFR § 214.14(c)(1)(i), (c)(1)(i)(ii)
2 See ICE Directive 11005.1, as explained on the Revision of Stay of Removal Request Reviews for U Visa Petitioners Fact Sheet