English
EspañolCan I get deported while I'm waiting for the government to review my U visa petition?
If you are put on the U visa waitlist or get a bona fide determination, you get “deferred action.”1 This is not an immigration status, but it allows USCIS to give you a work permit. Deferred action is usually better than no protection, but it does not guarantee that you can stay in the U.S. You may still be at risk of deportation even if you have deferred action.
If you are waiting for USCIS to make a decision regarding the U visa waitlist or a U visa bona fide determination, you will not have any sort of legal status or deferred action and are at risk of deportation if you have no immigration status.
If you are in immigration court currently because the government is trying to deport you, see Can I apply for U visa status if I am in immigration court for deportation (“removal”) proceedings? for more information.
1 8 CFR § 214.14(d)(2); USCIS Policy Manual, Vol. 3, Part C, Ch. 5
