In my column This week's Consulta Migratoria® answers a question from a reader who wants to help her husband obtain a U visa.
Each immigration case is different. Please consult with an immigration attorney for personalized legal advice before beginning any proceedings.
This is the column:
When I applied for my U visa I was married. At that time, my husband did not want me to apply because he was afraid that immigration would not approve my case. Now that I have the U visa, can I still petition for my husband? -Cristina M.
Cristina, you may be able to help your husband. The U visa allows the spouse of a qualifying crime victim to receive the visa benefit on a derivative basis.
They will have to prove that they have been married since the time you applied for the U visa, that they are still married, and that your spouse is admissible to the United States, among other requirements.
To petition for your spouse, you must file Form I-918 Appendix A, Petition for Qualifying Family Member of U-1 Recipient. The U.S. Citizenship and Immigration Services (USCIS) does not charge a fee for processing this form.
If your husband was concerned about you including him on your U visa application because he was afraid you would not be approved, there may be something on his record that is detrimental to him.
Therefore, I recommend that you consult with an immigration attorney to evaluate your situation and determine if your husband is admissible to the country and meets all the necessary requirements.
Living and working illegally in the United States or committing certain criminal acts can make a person inadmissible to the country. If that is the case with your husband, under certain circumstances, he may be able to apply for a waiver or waiver for the acts he committed that make him inadmissible to the United States.
If so, your husband will need to file Form I-192, Application for Advance Permission to Enter as a Nonimmigrant.
Currently, USCIS charges a fee of $585 to file Form I-192. Under certain circumstances, they may request a fee waiver.
You must remain married for USCIS to approve your husband's U visa application. If you get divorced before your husband is admitted to the country under the U visa, USCIS will deny his application.
Consult with an immigration attorney or a federally accredited representative before beginning any immigration proceedings.
