Can I Be Deported With a Pending U Visa or VAWA Application?

You’ve filed for a U visa or VAWA relief. You cooperated with law enforcement or escaped an abusive relationship. Now immigration enforcement has arrested you or placed you in removal proceedings. Will your pending application protect you?

The short answer: a pending U visa or VAWA application doesn’t automatically stop removal, but it can provide critical protections if you act quickly.

Removal Proceedings and Pending Applications

When ICE arrests you or serves you with a Notice to Appear, removal proceedings begin before an immigration judge.

Having a pending U visa or VAWA application doesn’t automatically halt these proceedings. Immigration judges cannot grant VAWA self-petitions or U visas—only USCIS has that authority. But your pending application can be a powerful tool for stopping or delaying removal.

Protection Options for Pending U Visa Applicants

If you’re facing removal with a pending U visa, several emergency protection options may be available.

Prima Facie Determinations

USCIS can make a “prima facie determination” finding your U visa petition initially appears to meet all requirements. While not an approval, this carries significant weight.

With a prima facie determination, your attorney can request the immigration judge continue your removal proceedings until USCIS makes a final decision.

Stays of Removal

If you have a final removal order, you can request a stay from ICE. A stay temporarily prevents removal while USCIS processes your U visa petition.

ICE generally favors granting stays when USCIS has made a prima facie determination. However, ICE considers all circumstances, including cooperation with law enforcement and whether there are serious adverse factors like significant criminal history or national security concerns.

Deferred Action Status

If USCIS approves your U visa but you must wait for a visa number due to the annual cap, USCIS grants deferred action—formal protection from removal.

Once you have deferred action, ICE will not remove you unless a new basis for removal arises or USCIS terminates your deferred action.

Administrative Closure or Continuances

Your attorney can file motions requesting the immigration judge administratively close your case or grant continuances while USCIS decides your petition.

The Board of Immigration Appeals has established that someone with a pending prima facie approvable U visa petition may warrant a favorable exercise of discretion for continuances. However, recent decisions made it harder to obtain continuances when there are concerns about delays in filing or when you’re detained.

VAWA Self-Petitions and Removal Proceedings

VAWA applications work differently from U visas when facing removal.

No Automatic Stay of Removal

A pending VAWA self-petition doesn’t provide automatic protection from removal. If ICE arrests you while your VAWA petition is pending, your attorney must request prosecutorial discretion or seek a continuance.

However, historically, ICE policy encourages officers to exercise discretion favorably for abuse survivors with pending or approved VAWA applications.

Deferred Action After Approval

Once USCIS approves your VAWA self-petition, you receive deferred action, providing formal protection from removal until you can apply for your green card.

If you’re in removal proceedings when your VAWA petition is approved, the immigration judge can adjust your status to lawful permanent resident directly in court.

VAWA Cancellation of Removal

If you’re in removal proceedings, you may be eligible for VAWA cancellation of removal—special relief available only to those facing removal.

Requirements include battery or extreme cruelty by a U.S. citizen or lawful permanent resident spouse or parent, continuous U.S. presence for three years, good moral character, and that your removal would cause extreme hardship to yourself, your child, or your parent.

VAWA cancellation is granted by the immigration judge and results in immediate lawful permanent residence. Unlike VAWA self-petitions, there’s no deadline after divorce, and adult children can qualify.

Only 4,000 cases can be approved per fiscal year.

What to Do If ICE Arrests You

If immigration enforcement arrests you while your application is pending:

Tell ICE and the immigration judge about your pending application. Provide proof you’ve filed with USCIS.

Contact your immigration attorney immediately. Your attorney must act quickly to file emergency motions.

Do not sign anything without speaking to your attorney. Once signed, documents are extremely difficult to undo.

Request a continuance through your attorney. File motions requesting the immigration judge continue your case.

Understanding ICE Priorities

Prior to January 2025, ICE policies generally deferred civil immigration enforcement against noncitizens with pending victim-based immigration benefits absent exceptional circumstances like:

• National security concerns
• Human rights violations
• Significant immigration fraud
• Serious criminal history
• Public safety threats

However, ICE policies change with presidential administrations. Protection from a pending application depends partly on current enforcement priorities.

Having The Right Immigration Attorney is Critical Right Now

Handling removal proceedings with a pending U visa or VAWA application requires coordinating between USCIS (which decides your petition) and the immigration court (which decides your removal case).

Your attorney can request prima facie determinations, file stays of removal, submit motions to continue or administratively close your case, and coordinate with USCIS to expedite processing.

Time Is Critical

Decisions made in the first days after ICE arrests you can determine whether you’re removed or remain while USCIS processes your application.

Don’t assume your pending application will automatically protect you. You need an experienced immigration attorney who understands both U visa or VAWA processes and removal defense strategies.

How the Law Office of Lina Baroudi Can Help

We’ve represented countless crime victims and abuse survivors facing removal proceedings. We understand the urgency these cases require.

We can evaluate your protection options, file court motions, request stays of removal, obtain prima facie determinations, and represent you at hearings.

Foreign persons who came forward to help law enforcement or escaped violent relationships deserve protection.

Contact Us Today

If you’re facing removal with a pending U visa or VAWA application, contact us immediately for an emergency consultation. We’ll review your case and develop an action plan to protect you from removal while your application is pending.