A pending U visa petition does not automatically stop deportation. It can, however, open the door to options that may pause or delay removal, such as deferred action, a stay of removal, or a request to postpone your court case. The rules on these options changed significantly in 2025 and 2026, so crime survivors in removal proceedings or facing an ICE hold should have their case reviewed as early as possible.

Sessoms Law Group represents immigrant crime victims in Atlanta who are fighting deportation, in both English and Spanish. Below, we explain how a U visa interacts with removal proceedings and what steps you can take to protect yourself.

How Does a U Visa Fit Into Removal Proceedings?

The U visa is a humanitarian status for victims of certain serious crimes who suffered substantial mental or physical harm and who have been, are being, or are likely to be helpful to law enforcement. You can learn more about who qualifies for a U visa and the documents required on our main U visa page.

Only US Citizenship and Immigration Services (USCIS) can approve a U visa petition. An immigration judge cannot grant it, even if you are already in removal proceedings. That means your U visa case and your court case move on separate tracks, and your attorney has to manage both at the same time.

Timing is the biggest challenge. Congress capped U visas at 10,000 per year for principal petitioners, and demand far exceeds that number. Hundreds of thousands of petitions are pending, and many survivors wait years for a final decision.

What Options Exist While Your U Visa Petition Is Pending?

Because of the long wait, several tools can help protect a U visa petitioner from removal in the meantime. Each one depends on where your case stands.

Bona Fide Determination and Deferred Action

USCIS reviews pending petitions for a bona fide determination (BFD). If your petition is found to be bona fide, USCIS may grant deferred action and a work permit while you wait for a visa to become available. Deferred action is not legal status, but it signals that the government has chosen not to prioritize your removal. BFD reviews themselves can take more than a year.

Asking the Immigration Judge to Pause Your Case

Immigration judges have discretion to grant a continuance, which postpones your case. For years, judges generally favored continuances for people with strong pending U visa petitions. In October 2026, the Board of Immigration Appeals overruled that approach in Matter of L. Ramirez, holding that there is no presumption in favor of a continuance for a pending U visa petition.

Judges now weigh several factors, including how likely the petition is to be approved, how long it has been pending, how quickly it was filed after the crime, and whether the government opposes the request. A well-documented petition and a clear legal argument matter more than ever.

Requesting a Stay of Removal

If you already have a final order of removal, you may be able to ask ICE for a stay of removal while USCIS reviews your petition. A stay is discretionary, so the request should include strong evidence that your U visa petition is likely to be approved.

Immigration attorney reviewing a U visa petition with a client facing removal proceedings

How Have Recent Policy Changes Affected U Visa Petitioners?

In January 2025, ICE replaced its victim-centered enforcement policy with new guidance. Under the new approach, officers are no longer required to look for signs that someone is a crime victim before making arrest or removal decisions. This led to detentions and removals of some people with pending U visa petitions.

In May 2026, a federal court in Immigration Center for Women and Children v. Noem temporarily blocked parts of that guidance nationwide for certain groups of U visa, T visa, and VAWA petitioners. The ruling is preliminary and may be appealed, so these protections could change. An attorney can tell you whether you may fall within the protected groups and how to raise those rights if ICE contacts you.

What Should You Do if You Have an ICE Hold?

An ICE hold, also called a detainer, asks a local jail to keep someone for up to 48 hours past their scheduled release so ICE can take custody. If you or a loved one has an ICE hold, act quickly:

  • Contact an immigration attorney right away, before an immigration court date or removal is scheduled

  • Do not sign any documents from ICE, such as agreements to leave the country, without speaking to a lawyer

  • Gather any police reports, court records, or receipt notices related to a crime you experienced or a U visa petition you filed

  • Tell your attorney about any pending criminal charges, since they can affect both your immigration case and your U visa eligibility

If you were the victim of a crime but have not yet filed a U visa petition, your attorney can help you request the required law enforcement certification and evaluate whether filing now could help your defense.

Are Trafficking Survivors Eligible for a Different Visa?

Yes. Survivors of severe forms of human trafficking, including sex trafficking and labor trafficking, may qualify for the T visa. Some people qualify for both the T visa and the U visa, and an attorney can help decide which petition offers the strongest protection in removal proceedings.

Crime survivor meeting with an immigration attorney to discuss options in removal proceedings

What Other Relief From Deportation Might Be Available?

A U visa is only one possible defense. Depending on your history, you may also qualify for asylum, cancellation of removal, adjustment of status through a family member, or other relief. A full case review should look at every option before your hearing date arrives, since missing a viable defense can be difficult to fix later.

If you have an upcoming court date, our guide on what happens at a deportation hearing explains each stage of the process.

How Sessoms Law Group Helps Crime Survivors Facing Deportation

Crime survivors in removal proceedings need a strategy that protects them in immigration court while their U visa case moves forward. Founder Kamala Sessoms and our team review your history, coordinate with criminal defense counsel when needed, and present the strongest available case for you to remain in the United States. We serve clients throughout metro Atlanta in English and Spanish, so you can explain your circumstances fully and clearly.

Immigration policies affecting crime victims are changing quickly. Call Sessoms Law Group at 678-853-7402 or contact us online to schedule a consultation.