Marriage and the U visa / Marriage and the U visa

Marriage and the U visa!

Hello friends, we all know that the waiting time for U visa applications has been getting longer and longer. The waiting time from application to permanent residence can be more than ten years and is getting longer. Many things can change in a decade. What happens if you get married or divorced while you wait? It’s hard to believe that just five years ago, it only took 9 months for a U visa application to be officially approved. Now, 3-4 years are required for a conditional approval (Deferred Action) and another 3-4 years for official approval (U visa). After three years with official approval, the immigrant can apply for permanent residence. That’s a decade! While you wait, it is important to speak with your attorney before you get married or divorced. First, the crime victim should consider getting married before applying. Once the application is submitted to the USCIS, it will be too late. The new spouse will have to wait until the victim receives their permanent residence to get any benefit from the U visa application. The good news is that they would also apply for permanent residence at that time, not just a work permit. If you are a member of the victim’s family, such as a spouse or child, it is important to speak with your attorney before you get married or divorced. If the spouses divorce before official approval, the family member may be left out of the case. If he is a “son” or “brother” of the main victim, he can also withdraw from the case by marrying. Always consult with the attorney before making important decisions. Finally, make sure you are working with an experienced attorney. We recently hosted a family who had paid for an attorney to file a U visa. It was a waste of money as the parents had a US citizen daughter who could help them obtain permanent residency in just a few months. An experienced lawyer would have told them that from the start. Call us today to make an appointment to review all of your options at 816-895-6363!

Published in Dos Mundos: http://dosmundos.com/webpress/2019/02/01/hablando-con-la-abogada-jessica-piedra-marriage-and-u-visa/

Hello friends, we all know that the wait time for U visa applications has been getting longer and longer. The wait time from application to permanent residence can be over ten years and is getting longer. A lot can change in a decade – what happens if you get married / divorced while you are waiting? It hard to believe that just five years ago, it only took 9 months for a U visa application to be officially approved. Now, it takes 3-4 years for a conditional approval (Deferred Action) and another 3-4 years for the official approval (U visa). After three years with the official approval, the immigrant can apply for their permanent residence. That’s a decade! While you are waiting, it is important to talk to your lawyer before getting married or divorced. First, the victim of the crime should consider getting married prior to filing the application. Once the application is sent to the USCIS, it will be too late. The new spouse will have to wait until the victim receives their permanent residence to get any benefit from the U visa application. The good news is that they would also apply for a permanent residence at that point, not just a work permit. If you are a family member of the victim, like a spouse or child, it is important to talk to your lawyer before getting married or divorced. If the spouses get a divorce before the official approval, the family member can be out of the case. If you are a “child” or “sibling” of the principal victim, you can also remove yourself from the case by getting married. Always check with the lawyer before making big decisions. Finally, make sure you are working with a lawyer with experience. We recently had a family come to us that had paid a lawyer to file a U visa. It was a waste of money as the parents had a US citizen daughter who could help them get their permanent residence in just a few months. An experienced lawyer would have told them that from the beginning. Call us today to make an appointment to review all of your options at 816-895-6363!

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