Administrative Closure Allows Alien with Pending U-Visa Application to Stay Despite Deportation Risk
August 30, 2023

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We will share a successful case about Immigration Judge granted a motion to administratively close removal proceedings.​

Our client's U Visa was recently filed despite the upcoming individual hearing. The client did not have another strong relief application to submit to the court. She was facing the danger of deportation if the individual moved forward. There is an annual limit of 10,000 U Visas per year, not including spouses and other derivative family members. This limit has created a massive backlog and long waiting times for final U Visa adjudication. There was no chance that the client's U visa would be approved before her individual hearing date. We filed a motion to administratively close removal proceedings, and the judge granted it over the government's objection. The client is thrilled that now she is permitted to wait for her U visa in the States.

U visa is a relief to victims of certain crimes, and it also serves as an investigation tool for law enforcement agencies. U visa is a nonimmigrant visa, and it is valid for 4 years. It can be renewed under specific circumstances. Eligible U visa applicants can obtain lawful permanent residency.

According to the latest case law, immigration judges can administratively close the case despite government counsels’ disagreement. Our team took advantage of this policy and filed a motion to administratively close the case, so the client would not have the risk of being removed while waiting for the U visa decision from USCIS.

Please contact the Law Offices of Sabrina Li if you need any assistance.

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