Can I Travel Outside the U.S. After My U Visa is Approved?

If you’ve been granted a U nonimmigrant status, commonly known as a U visa, you might wonder whether you can travel outside the United States. While traveling abroad is possible, there are some important considerations to keep in mind to avoid jeopardizing your U visa status. Therefore, it’s crucial to discuss your situation with an experienced immigration attorney before leaving the country. 

Leaving the United States with an Approved U Visa

Once your U visa application is approved, you’ll be granted U nonimmigrant status, which allows you to remain in the United States. However, it’s essential to understand the implications of traveling outside the country with an approved U visa:

Reentry into the U.S.

If you leave the United States with an approved U visa, you’ll need to obtain a U-entry visa from a U.S. embassy or consulate before you return. This process is called “consular processing.” Keep in mind that consular processing times may vary depending on the workload of the specific embassy or consulate, so it’s always to plan your trip accordingly to minimize any complications.

Lengthy absences and adjustment of status

If you’re a U visa holder who plans to apply for permanent residence (green card) through adjustment of status, it’s essential to be aware of the eligibility requirements. To qualify for permanent residence, you must demonstrate that you have physically resided in the United States for three consecutive years. Lengthy absences from the U.S., especially ones that exceed 90 days or a total of 180 days, may affect your eligibility for adjustment of status. 

Traveling Abroad and U Visa Eligibility

It’s also important to consider the potential impact on your U visa eligibility and visa requirements when traveling abroad. Here are some key points to keep in mind:

Cooperation with law enforcement agencies

U visa recipients are required to actively cooperate with law enforcement agencies in the investigation and prosecution of the crimes against them, so extended travel outside the United States might raise concerns regarding your ability to assist them effectively. USCIS may question whether you’re still committed to cooperating if you’re absent for an extended period, which can potentially jeopardize your U visa status.

Medical and Psychological Assessments

As a U visa applicant, you must prove that you’ve suffered substantial physical or psychological abuse due to being the victim of a qualifying crime. If you travel extensively, especially to countries with limited medical resources, USCIS may question the severity of your injuries or the extent of your psychological trauma.

Inadmissibility Concerns

Leaving the United States with an approved U visa can trigger inadmissibility issues that weren’t addressed in your initial U visa application. For example, if you had previously overstayed a visa or violated immigration laws, leaving the country might require a waiver of inadmissibility.

Additional Considerations

While it is typically recommended to limit non-essential travel outside of the United States, there may be situations where it is necessary to do so due to an emergency. In these cases, you should consult with an immigration attorney as soon as possible to discuss the potential implication and ensure you have the proper documentation and waivers in place. It’s also essential to stay in contact with USCIS and provide prompt updates if you experience any changes in your travel plans or contact information to ensure you don’t miss any important mailings, requests, or deadlines.

To Avoid Potential Complications with Your U Visa Status, Contact the Ranchod Law Group

Traveling outside the United States on a U visa requires careful consideration of the potential consequences. To reenter the U.S., you must obtain a U-entry visa through consular processing. Extended absences could impact your eligibility for adjustment of status or potentially jeopardize your U visa status. Additionally, factors such as cooperation with law enforcement and the severity of your injuries may be scrutinized by USCIS. Every U visa case is different, and your individual situation may impact the factors and prerequisites for traveling outside the country.