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October 18, 2011

FAQ: If I am applying for a U visa, can I include a beneficiary who is currently out of the country?

Yes, you can. The same family connections apply for beneficiaries who are outside the country as those inside the country. If the victim of a qualifying crime is under the age of 21, they may petition for their unmarried siblings under the age of 18, parents, children, and spouses. If the victim is over the age of 21, they may petition their children and spouses. For example, one of our clients, the victim of armed robbery, is applying for U visa status for herself, her husband, and her step-child who lives with his grandparents in Mexico. He will be able to legally enter the United States upon approval of his U visa. However, though qualifying family members may apply from their home countries, there still are some differences in their applications. First, a beneficiary outside of the United States may not apply for work authorization with the U visa application; he or she must wait until the visa is approved and he or she is living in the United States. For instance, our client’s stepson living in Mexico will come live in the United States upon approval of his visa and will apply for work authorization when he arrives. In continuation, the out-of-country beneficiary must have his or her fingerprints taken at a designated U.S. consulate within the home country. In our client’s case, her stepson from Mexico will have to travel from his hometown to Mexico City for this appointment. All things considered, applying for U visa status for a beneficiary out of the country is a great way to help that person come to the United States and allows for the family of victims to reunite with the petitioner legally.
Emily Hogan
Special Case Manager
Mario Ramos PLLC

Posted by VisaLawyer at October 18, 2011 02:53 PM

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