QUESTION
Can a derivately from VISA U get her deportation order cancelled?
Asked on Mar 05th, 2012 on Immigration - California
More details to this question:
I was assaulted and I am 19 (am the victim) so my mom will be a derivative. Do you think if I got accepted for u visa, my mom has deportation order, do u think they will remove her deportation order since she's not the victim? If I already sent the application, can I still send the file for her?
3 ANSWERS
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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A waiver can be filed to waive a prior deportation order. In some instances, a case might have to be reopened.
Answered on Mar 16th, 2012 at 9:01 PM
Immigration Law Attorney serving Orlando, FL
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Stoller & Moreno, P.A.
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Thanks for your inquiry. The answer is yes, someone with an approved U visa can go back and use the approved U visa status in an attempt to seek to reopen and terminate an outstanding order of removal. My advice is to seek the advice of a competent attorney as this can be difficult to accomplish, but it can be done.
Answered on Mar 08th, 2012 at 8:36 AM
Immigration and Naturalization Attorney serving Santa Ana, CA
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U.S. Immigration Law Group, LLP
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If you have a U visa application filed and it is approved, your mom may qualify as a family member and obtain U-3 visa status. If your mom has a deportation order, it can be waived through the U visa process. If she is currently in removal proceedings and her U visa application is approved, the proceedings can be terminated.
Answered on Mar 08th, 2012 at 8:19 AM