English
EspañolDo I have to stay in the US after applying for a U Visa?
The law says that after someone receives U nonimmigrant status, they will need to remain in the U.S. However, at the time of applying and/or during the pendency of the U petition (while waiting for it to be decided), the petitioner does not have to physically be in the U.S. So, they can apply for the U visa while in the U.S. and then leave the country, or they can apply from abroad. However, if someone applies and leaves or applies from abroad, there is likely no legal way to re-enter the U.S. until the U visa is granted. It takes approximately 5 to 6 years to go through the U visa process so it may not be possible to re-enter the U.S during that time.
If someone applies in the U.S. and then departs, it will be important that they have an attorney who updates USCIS so that they know the petitioner is abroad because they’d have to go through the “consular process” and get a waiver of any inadmissibility grounds that they may trigger upon their departure. The applicant’s lawyer would be able to advise more about this. We link to free legal services on our Finding a Lawyer page.(LINK)
Also, it can be more difficult to apply from abroad - see this question on our website: Can I apply for a U visa from another country? What are the obstacles?
