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Legal Information: Federal


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Laws current as of August 15, 2022

If my U visa petition gets denied, will I be deported?

If USCIS denies your request for a U visa, 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 are at risk for being detained and deported. In addition, by filing a U visa petition, you are providing the government with information about you, and you may be telling them that you are living here without lawful status. However, per current USCIS policy, you will not automatically be put into deportation (“removal”) proceedings just because your petition was denied.

If your U visa petition gets denied, it might be possible to appeal that decision to a higher, supervisory part of U.S. Citizenship and Immigration Services, or to file a case in federal court. However, federal courts can only review limited types of U visa denials, so 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 or another national organization, which can be found on our National Organizations - Immigration page.