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Legal Information: Federal
What happens if USCIS denies my U visa application?
If USCIS denies your request for U visa status, then your status is still the same as it was before you applied. This means that, if you are in the country without legal documentation, you might be subject to detention and even deportation. In the past, USCIS would not refer denied U visa applicants to Immigration and Customs Enforcement (ICE). However, under new guidance issued in June of 2018, it is now possible that USCIS might refer denied applicants to ICE for enforcement.1
If your U visa was denied, it might be possible to appeal that decision. You should contact an immigration attorney with experience in U visas to determine what options you may have. The attorney may want to connect with a national organization with immigration expertise, such as ASISTA. Other national organizations can be found on our National Organizations - Immigration page.
1 See the Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens USCIS Policy Memorandum
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