U Visas and Immigration Court: What Changed, and What Did NOT Change

U Visas and Immigration Court: What Changed, and What Did NOT Change
 

Attorney Sonia Parras, specialist on immigration law and humanitarian relief.
09 November, 2026

 

     On October 16, 2026, the Board of Immigration Appeals (BIA) issued a new decision about U Visas. It is called Matter of L. Ramirez. You may hear rumors on social media, at work, or from family about this decision. That is why we want to explain, in simple words, what changed about U Visas and what stays the same.

 

The most important thing is: the U Visa still exists. If you have a U Visa petition, you still have options.

 

What changed?

     Before, if a person was in immigration court and had a U Visa petition that looked strong, the judge almost always gave them more time. That means the judge postponed the hearing while USCIS reviewed the petition.

     Now, the judge no longer has to give that extra time automatically. The judge will look at each case on its own. For example, the judge will consider:

• How likely it is that USCIS will approve the U Visa
• How long it will take for a visa to become available
• Whether the person has done everything on time
• Whether the government's attorney agrees or objects
• How many times the person has already asked for more time

     Why did this change? Because the law allows only 10,000 principal U Visas each year, and many more people are waiting. The wait can be many years. the BIA decided that court cases should not stay on hold that long for that reason alone.

 

What did NOT change?

     This part is very important, and the news rarely mentions it:

 

1. Your U Visa petition is still alive. The decision is about immigration judges, not USCIS. If you already filed your petition, USCIS keeps reviewing it.
2. A deportation order does not cancel your U Visa petition. Even if the judge does not give you more time and orders you deported, USCIS can still approve your U Visa.
3. There is a waiver ("perdón"). With a U Visa, you can ask for a waiver (Form I-192). This waiver can cover many immigration problems, including a prior deportation order. The waiver is not automatic: USCIS decides each case.
4. If your U Visa is approved, the deportation order can be resolved.
   • If the order came from the government (DHS), it is treated as canceled.
   • If the order came from a judge or the BIA, your attorney can ask to reopen the case and close it. Often the government's attorney can agree.
   • If your case is on appeal, approval of the U Visa may allow your attorney to ask to close the case.
5. While you wait, other protections may be possible. Your attorney can ask ICE to pause your deportation while USCIS reviews the U Visa (a "stay of removal"). Also, the government's attorney can agree to close the court case while the petition is pending. These options depend on the government's decision, but they exist.
6. You can appeal. If the judge denies more time, that decision can be appealed

 

Myths and Facts

Myth: "The U Visa is over."
Fact: False. The U Visa still exists. The law did not change.

Myth: "If the judge orders me deported, I lose my U Visa."
Fact: False. Your petition stays with USCIS and can be approved even if there is a deportation order.

Myth: "If the judge won't give me more time, there is nothing left to do."
Fact: False. There are appeals, waivers, stays of removal, and other options.

Myth: "It is no longer worth applying for a U Visa."
Fact: False. If you were the victim of a crime and helped the police, the U Visa may still be a good option. Every case is different.

 

What should you do?

• Do NOT miss your court hearing. Missing it can lead to an automatic deportation order and make your case worse.
• Keep your address up to date with the court and with USCIS.
• Keep your papers: USCIS receipts, court notices, and government letters.
• Do not believe everything you hear on social media. Ask a trusted attorney, not a notary or "consultant"
• Talk to your attorney before your next hearing to review your strategy

 

We are here to help

If you have a U Visa petition or a court case and have questions, call us.

Law Offices of Sonia Parras, PLLC
2925 Ingersoll Ave., Suite 7, Des Moines, IA 50312
Phone: (515) 255-9317  •  Email: justice@soniaparraslaw.com
This article is for general information only. It is not legal advice. Every case is different. Talk to an attorney about your situation.