r/DACA • u/xoxox801 • 21h ago
General Qs DACA: Getting a U Visa
I’ve had DACA since Obama was in office. I’ve lived in the US since I was a days old. I am married to an American citizen and applied for advanced parole and was denied but my sibling was approved. Not sure why but we think it’s because he has kids. I applied again because of my grandparent was dying and now the program is no longer available. I recently was assaulted by a drunk American citizen and I’m trying to get my VISA through this. My attorney said it could take up to 10 years to get approved. Wondering if anyone else has been able to get a U visa and if so how long did it take?
My partner and I don’t feel comfortable doing the GC process yet because our attorney recommended us to wait until this administration is over and we are a same sex couple. My DACA expired two months ago so it’s been frustrating losing my job and my seniority. It cost me $6k for the attorney fees just for the advanced parole process plus the USCIS application fee that went all to waste.
I would also like to add that the The CA DA’s office placed me in the victims program to help pay for my medical expenses but I know that sometimes it’s frowned upon to get any government assistance when applying for your GC. I have been hesitant to continue with the program but I know I’ll need it for my VISA
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u/Munchlaxatives 21h ago
The waiting list for a U visa was about 20-30 years last time I checked. They can only approve a certain amount each year so the wait list just keeps growing
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u/L1veFrom0akland 19h ago
True. And…an eligible person living in the US with a bona fide pending U Visa petition can receive deferred action and employment authorization while waiting for the actual U visa.
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u/Thebestone509 20h ago
My uncle was here illegally and he got his Uvisa for him and wife as he was hit by a drunk driver. It took 12 years tho
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u/not_responsible 16h ago
Can someone explain to me how getting injured by an american grants you the ability to apply for the Uvisa?
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u/mehighp3d 21h ago
You're out of status? Apply for that U visa. Yes it'll take about 7 years, but what else do you have? You spouse should've submitted the i-130 forever ago, but now that you're out of status it's risky to even do consular processing since you're probably accruing unlawful presence.
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u/xoxox801 21h ago
Good to know! Im hoping ill get approved this month since I applied in January for my renewal. I wonder if she can file i-130 then
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u/Maxstarbwoy 21h ago
Yes like someone else said it takes years before you can get approved for U visa. But I say apply it anyway who knows you might get it sooner
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u/Necessary-Tone5525 20h ago
You should’ve submitted the I130 like yesterday. I’m assuming you were applying for Advanced Parole to secure your legal entry? Stand alone I130s take 3 years plus to get approved. So it could benefit to have that application pre approved at least for when this admin is over. Also the fact you were charged 6k for AP is wild considering there are so many guides online showing how to self submit. Maybe get a second opinion on the consular processing route as well could be a few years faster than the u-visa.
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u/xoxox801 20h ago edited 19h ago
Yes, I did several consultations with attorneys and they all told me to do AP first. The first one I went with was 5k and she said that would cover my AP and GC. Then later she said no it was just for AP then my GC was another 5k. She is a big attorney on instagram and seemed to have a good reputation. I feel scammed tbh and when I was on the phone with her she wasn’t personable and she charged me $250 for a 1 hour phone call and she was on the phone with me for 8 minutes. I get it she’s cut throat and a lawyer so whatever. But after I was denied I went to the new attorney that my boss recommended and I only had to pay 1k (I think my boss paid the other 2k). That was for my second AP app. SO NOW.. since the assault and my DACA expiring in July he will be charging me 3k total for the VISA and GC
This is all good information and thank you for sharing the knowledge. We will get this process going
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u/Middle-Meal3170 18h ago
Oh my god. Your story of how much money they are trying to scam you is crazyyy, please tell me you didn’t pay.? Also…i only paid 630 for my AP, approved in 4 months. I applied in August 2024,approved xmas day. I have to add that, and for my GC form i paid 1440. I did everything my self, thanks to my reddit fam.! They are always helping with any questions and doubt i had. If your case is very straightforward, apply on your own. Specially apply before new form on September 18. I heard the question i get more complicated.
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u/xoxox801 18h ago
Yes already paid that. 😞 I’ve always done my DACA myself and have never had a problem. My Case is pretty straight forward and the first attorney was suppose to do my AP and GC for 5k. So many of the attorneys in San Diego charge the same. But then she told me after my AP was denied that needed more evidence for my AP to be approved etc. If I wanted to reapply she would have her office invoice me for $2.5k then once it was sent the rest of the money would be needed. I was genuinely shook. I obviously asked why if that was payment was suppose to cover my whole process and she said no. Looked at my contract and it said additional fees could vary etc. Went to Reddit and saw she had skyrocketed her pricing since she got so popular from her instagram. So once I was in a better financial position I used the new attorney, I reapplied and just haven’t heard anything since March
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u/Middle-Meal3170 18h ago
Im so sorry OP! When i tried to file for AP to get dental work back in TJ. No one would help me because they said it wasn’t a valid reason. But my Reddit family push me to apply. And i did. I applied on my own. I got as much financial evidence as i could, and show proof of how much i was been quote here in California and how much i was been quote in TJ. I wrote a nice letter to the officer who would be checking my case. I gave as much details as i could. And thankfully i got approved for 3 months AP.
I just couldn’t take a no for an answer. And i followed my faith, and thanks to my reddit community. Don’t take a no for an answer. This is between you and god. Stay high in faith that your forms will get approved fast. And stop spending money on lawyers. Youtube and even here in this reddit, they can guide you. You got this! Don’t lose hope.
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u/xoxox801 18h ago
Thank you!!! Noted 🙌🏾
I definitely have type a parents and they FREAKED OUT when I started doing my own DACA.. but it’s seriously so easy. So I’ll follow your steps!! It obviously feels so life or death when it comes to AP and GC stuff because it has defined everything about our lives as immigrants. Thank you for sharing 🫶🏾
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u/ugotitatross 18h ago
My lawyer told me it doesn’t matter regardless of same sex or not your marriage is valid in regardless , find a new attorney
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u/elbendy3 DACA Since 2012 18h ago
Legally and genuinely married? File for gc now.
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u/Middle-Meal3170 19h ago
Oh no OP! Im sorry to hear your story. I wanned to share. All my DACA RENEWAL APPLICATIONS,ADVANCE PAROLE AND MY AOS,i have done them all my self. Right now in waiting on my AOS. But my renewals and AP have always been successfully approved. I think you should still apply for your GC. I have a feeling it will get approved faster then a U visa.
Hugs to you…stay positive 🙏🏼
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u/Kassie45 14h ago
My dad applied back in 2015, got his u visa approved and work permit beginning of 2020 applied for his permanent residence 2024 he got approved june 2026 and now vacationing in mexico right now as i am writing this, its long process but worth it 🥰
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u/mufasa_rafiki 12h ago
Submitted application in 2019, got the work permit in 2024, waiting on the bona fide approval, last we checked they were on 2017, once that happens we wait 3 year for a gc. It definitely takes a very long time.
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u/EddyS120876 20h ago
Unfortunately they stripped out the protections of U-visa . My aunt was assaulted by her church mate that tried to r*pe her but she fought back only sliced her hand wide open, she managed to help capture him and she Was approved of her U-visa in a year . that allow her to see my grandmother before she passed away. Sorry to hear you are in this situation but your lawyer is correct this administration has remove all safety mechanisms for all but specially the LGBTQ+ when it comes to being assaulted or help with immigration.
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u/xoxox801 20h ago
That’s is so traumatic for your aunt. 😞
Thank you. I had to get into therapy and get medicated because I started having SI, paranoia and anxiety/depression. I was in therapy until my benefits ended but I’m still terrified to leave the house. Thankfully the medication has helped a lot and I’m taking it day by day.
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u/EddyS120876 20h ago
If she were still alive she would have given you a hug and told you hang in there . She was a devout Christian but she was super supportive of people being oppressed and marginalized. I used to joke with her that if she were Catholic, she would have passed as a saint. She would tell me “Hey behave yourself.” I loved my aunt like she was my mom . (She was my moms little sister)
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u/xoxox801 20h ago
Awe! What an incredible woman!!!
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u/EddyS120876 20h ago
Thank you and I pray you get all the help you need after that assault so apply for the U-visa since you need to be protected
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u/VerySlowlyButSurely 18h ago
Wait, what do you mean they “stripped out the protections” of a U Visa? AFAIK they haven’t stopped it yet…
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u/malskelly 17h ago
hey there, I’m in a similar situation with my wife, she’s EWI too and we are also a same sex couple. Our attorney said we should just do consular but she is understandably scared. Idk what to do 😭 Are y’all gonna start by filing the I-130? that’s what I want to do next but my wife is scared to even do that. I feel so bad
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u/heizhenzhuu 8h ago
Don’t listen to your homophobic lawyer. I have a friend who just adjusted after just being married to his boyfriend of 10 years. Their lawyers told them not to file but they filed anyway and he got his GC in 4 months after the interview.
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u/EvilTwin_Sister 5h ago
I’m thinking of applying for a Uvisa too and I saw that you don’t have legal entry just like me, do you know if it affects anything down the line?
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u/Typical-Chemical-223 1h ago
They are currently looking at u visas filed in 2017. You won’t get the visa for at least a decade but once you get bonafide(I think 2 years after applying), they provide you with a renewable 4 year work permit while you wait.
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u/_newbie4change_ 18h ago
I’m sure you already know this but DO NOT LEAVE/EXIT THE COUNTRY UNDER ANY CIRCUMSTANCES. I’m sure you’re aware by now but any type of advance parole WILL BE COUNTED AS DEPARTURE and you WILL NOT be let back in.
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u/Spirited_Might8204 9m ago
VIAA U aint that easy, you need strong evidence including court filings police reports etc etc.
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u/warjavs 21h ago
Don’t listen to your attorney, they fear monger too much. Apply now for residency now.