Adjustment from U Visa

[zak 0]

Hi Everyone,

I have a friend (23 yrs old) that entered the US illeagally when she was 5 years old. About two years ago she was granted a U visa which from my understanding was granted becuase she was the daughter of an alien abuse victim. She was also granted a work permit and a SSN. When she got the U visa she was told by an attorney that she could marry and adjust her status. She has since married and now the attorney is telling her that she can't adjust her status from the U visa. Her husband is a permanent resident. I have looked at sever pages online that say a U Visa holder can adjust status after three years but I found no page that says that privelage is lost if one marries.

Does anyone have any experience with this type of situation?

Thanks in advance,

Zak

[Bobby+Umit 161]

Hi Everyone,

I have a friend (23 yrs old) that entered the US illeagally when she was 5 years old. About two years ago she was granted a U visa which from my understanding was granted becuase she was the daughter of an alien abuse victim. She was also granted a work permit and a SSN. When she got the U visa she was told by an attorney that she could marry and adjust her status. She has since married and now the attorney is telling her that she can't adjust her status from the U visa. Her husband is a permanent resident. I have looked at sever pages online that say a U Visa holder can adjust status after three years but I found no page that says that privelage is lost if one marries.

Does anyone have any experience with this type of situation?

Thanks in advance,

Zak

That is interesting they granted her the U visa - since she is not the victim, her mother was. (and she was 21 at the time of the visa issued).

But I don't see anything in the AOS rules that says she cannot AOS once she is married because she has an U visa.

[JERIII 8]

Hi Everyone,

I have a friend (23 yrs old) that entered the US illeagally when she was 5 years old. About two years ago she was granted a U visa which from my understanding was granted becuase she was the daughter of an alien abuse victim. She was also granted a work permit and a SSN. When she got the U visa she was told by an attorney that she could marry and adjust her status. She has since married and now the attorney is telling her that she can't adjust her status from the U visa. Her husband is a permanent resident. I have looked at sever pages online that say a U Visa holder can adjust status after three years but I found no page that says that privelage is lost if one marries.

Does anyone have any experience with this type of situation?

Thanks in advance,

Zak

The U Visa is a relatively new and very complicated thing. It was established by law years before it actually came into existence. Because of this, she might want to talk to another lawyer, if she can find one with experience. A good place to look would be a legal clinic that deals with women's issues.

Notice that she is probably not eligible to adjust status by virtue of her U visa, since it has not been three years. Also note that her spouse is not a citizen. I think only the immediate relatives of citizens can adjust status if there are problems (overstays, etc.) in their background, and she probably has such problems. Lastly, note that she entered the US illegally - that may also be a problem.

Do you know why the lawyer said she could not adjust?

[GueraKristina 1]

Hi Everyone,

I have a friend (23 yrs old) that entered the US illeagally when she was 5 years old. About two years ago she was granted a U visa which from my understanding was granted becuase she was the daughter of an alien abuse victim. She was also granted a work permit and a SSN. When she got the U visa she was told by an attorney that she could marry and adjust her status. She has since married and now the attorney is telling her that she can't adjust her status from the U visa. Her husband is a permanent resident. I have looked at sever pages online that say a U Visa holder can adjust status after three years but I found no page that says that privelage is lost if one marries.

Does anyone have any experience with this type of situation?

Thanks in advance,

Zak

The U Visa is a relatively new and very complicated thing. It was established by law years before it actually came into existence. Because of this, she might want to talk to another lawyer, if she can find one with experience. A good place to look would be a legal clinic that deals with women's issues.

Notice that she is probably not eligible to adjust status by virtue of her U visa, since it has not been three years. Also note that her spouse is not a citizen. I think only the immediate relatives of citizens can adjust status if there are problems (overstays, etc.) in their background, and she probably has such problems. Lastly, note that she entered the US illegally - that may also be a problem.

Do you know why the lawyer said she could not adjust?

I dont think she can adjust strictly based on the fact that she married a resident because she has to marry a citizen, citizens can change her status, but until her husband becomes one, i dont think he will have much of an impact on her changing status.

[Bobby+Umit 161]

Hi Everyone,

I have a friend (23 yrs old) that entered the US illeagally when she was 5 years old. About two years ago she was granted a U visa which from my understanding was granted becuase she was the daughter of an alien abuse victim. She was also granted a work permit and a SSN. When she got the U visa she was told by an attorney that she could marry and adjust her status. She has since married and now the attorney is telling her that she can't adjust her status from the U visa. Her husband is a permanent resident. I have looked at sever pages online that say a U Visa holder can adjust status after three years but I found no page that says that privelage is lost if one marries.

Does anyone have any experience with this type of situation?

Thanks in advance,

Zak

The U Visa is a relatively new and very complicated thing. It was established by law years before it actually came into existence. Because of this, she might want to talk to another lawyer, if she can find one with experience. A good place to look would be a legal clinic that deals with women's issues.

Notice that she is probably not eligible to adjust status by virtue of her U visa, since it has not been three years. Also note that her spouse is not a citizen. I think only the immediate relatives of citizens can adjust status if there are problems (overstays, etc.) in their background, and she probably has such problems. Lastly, note that she entered the US illegally - that may also be a problem.

Do you know why the lawyer said she could not adjust?

Ah - your right about the USC vs LPR. I missed that part of the OP.

[Bobby+Umit 161]

Info on the U visa

From what I read from this link, the 3 year wait if to apply for LPR.

And I see how she was granted the visa because of her mother.

Edited April 21, 2009 by Bobby_Umit

[zak 0]

I just learned that she was 20 when the U visa was granted. All of the information I can find on the web clearly states that she was entitled to the U Visa because she was the unmarried, under 21 child of an abuse victim. After reading many web pages I can't find anything that shows she loses her status by getting married but just because I can't find it doesn't mean that the rule doesn't exist. If there are any experts on this subject please chime in.

Thanks,

Zak

[Krikit 1,165]

Moving to AOS From Other Visas forum.

[JERIII 8]

I just learned that she was 20 when the U visa was granted. All of the information I can find on the web clearly states that she was entitled to the U Visa because she was the unmarried, under 21 child of an abuse victim. After reading many web pages I can't find anything that shows she loses her status by getting married but just because I can't find it doesn't mean that the rule doesn't exist. If there are any experts on this subject please chime in.

Thanks,

Zak

Zak-

Are you sure that the lawyer said that she lost her right to file for adjustment of status BECAUSE she got married?

As I mentioned before, U Visas are relatively new and very complicated. I see the following:

- I THINK that derivative U Visa holders (for example, children) can only adjust status after the principal holder has done so. So in this case, she can only do AOS if her mother has done so, and only as a derivative. The AOS filing has to be done within four years of something - in theory of the Visa issuance, but this is unclear because the rules were created slowly.

- She can't adjust status based on her marriage AT THIS TIME. Her husband can file for a Visa for her (I-130), but she cannot file for AOS until the Visa is granted. However, her illegal time in the US will cause problems because she is not married to a citizen.

- The rules may well have changed between the time she talked to the first lawyer and the second one. I think the AOS rules for U Visas only came out last year. Also, the first lawyer may have meant that she could marry a CITIZEN and adjust.

Bottom line - web searches and Visa Journey are not going to help here. There is just too little info on U Visas, and too little experience with them. She needs to find a lawyer with experience with U Visas, and ask questions.

Good luck to her!