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U Visa . stage one complete. I have some questions. please help

i have just had my U visa supplement B signed by the law enforcement agency. now I have 6 months in which to file for the U visa waiting list, which I understand due to the cap could be years.

my questions.

I am legally in the USA on a b1/b2 and plan to travel back to the united kingdom to organize things there before returning with my wife and child to continue establishing my business in the USA.

1. I heard if I apply from here in the USA I cannot travel back to the UK. is this true?
2. if I travel back to the UK  and I apply there, will I be stuck in the UK until it is pre approved?
3. I also heard that this visa can be changed from a esta visa, (wife and Child), one of the only ones that can have change of status for the U category?

the enforcement agency believe I will have no problem of it being approved due to the seriousness of the crime.

ideally I would like to apply for the U visa from the USA with my family here, if indeed wed not be allowed to travel home.
I don't want to be stuck apart from them whilst waiting.

anyone have a clue as the best way of handling this. I would like to be here in the USA with my family whilst waiting legally.

many thanks

Moderated by kenjee last month
Reason : Recommend business professionals in our business directory please. No promotion is allowed on the forum.

thanks.. but I wont be out of status

he can help with any immigration issues

so does anyone know what happens when the status of b1/b2 expires in april?

nicklittle135 :

thanks.. but I wont be out of status

until april 2017

Best to consult with an immigration attorney.

Candice Hamant :

Best to consult with an immigration attorney.

In your profile, you claim to provide legal consultation.  Can't you offer some helpful insight here? :)

Romaniac
Expat.com Experts Team

Simple and basic questions can be answered in a forum such as this.  However, here, the questions are very specific to the petitioner and his situation, so a lot more information is needed. Hence, it's best to consult with an attorney. I have not done a U visa, but have done a lot of asylum cases.

What about immigrating through your business?

nicklittle135 :

i have just had my U visa supplement B signed by the law enforcement agency. now I have 6 months in which to file for the U visa waiting list, which I understand due to the cap could be years.

my questions.

I am legally in the USA on a b1/b2 and plan to travel back to the united kingdom to organize things there before returning with my wife and child to continue establishing my business in the USA.

1. I heard if I apply from here in the USA I cannot travel back to the UK. is this true?
2. if I travel back to the UK  and I apply there, will I be stuck in the UK until it is pre approved?
3. I also heard that this visa can be changed from a esta visa, (wife and Child), one of the only ones that can have change of status for the U category?

the enforcement agency believe I will have no problem of it being approved due to the seriousness of the crime.

ideally I would like to apply for the U visa from the USA with my family here, if indeed wed not be allowed to travel home.
I don't want to be stuck apart from them whilst waiting.

anyone have a clue as the best way of handling this. I would like to be here in the USA with my family whilst waiting legally.

many thanks

For your questions #1 and #2, check the following link:
Can I Travel Outside the U.S. With My Current or Pending U Visa?
Basically, if you wish to travel with a U visa you must apply for a re-entry permit that may not be granted. If you don't get that re-entry permit and travel outside, you may lose your U visa and won't be authorized back in.

For question #3, you spouse and children (called "derivatives" for a U visa) must be added to your U visa application. You must be married at the time of the application.
More info on U visa: U Visa Laws

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