Pending U Visas: How to Protect Yourself from Deportation (2025)

For many immigrants in the United States, a pending U Visa has long been seen as a protective shield—a recognition of past trauma and a step toward legal stability. But in 2025, that sense of security is being challenged. Shifts in immigration policy under the Trump administration have created new layers of risk, even for those with deferred action or long-standing applications.

In a recent live stream, respected immigration attorney Delfilia Díaz addressed a growing question among U Visa applicants: “Am I still safe from deportation?”. Her detailed guidance identifies the four groups most at risk today and outlines the steps individuals can take to defend their cases. From understanding the power of deferred action to knowing when to take legal action, her advice is both clear and compassionate—grounded in expertise, and delivered with deep care for the community.

This article walks through her insights in detail and expands on key topics such as what a U Visa is, how recent policy changes affect your case, and what to do if you're facing delays, denials, or new legal challenges.

If you’re feeling lost in the long wait for your U Visa, try the Pro Se Pro U Visa Processing Tool. We can predict your place in line better than any other tool available with just a few details.

How the Trump Administration Is Changing U Visa Immigration Policy in 2025

The immigration landscape is shifting under the current Trump administration. One of the most concerning changes is the revival of strict enforcement priorities, which now place many noncitizens—including those with pending U Visas—at greater risk of arrest and deportation.

Current events suggest a return to broad enforcement tactics. A 2024 ICE memo outlines the updated enforcement priorities, signaling that the administration will no longer automatically exempt U Visa applicants from enforcement actions—even if they’ve been victims of crime or are actively cooperating with law enforcement.

Additionally, USCIS is under pressure to accelerate denials in older backlogged cases, particularly those from 2017 and earlier. This effort is tied to ongoing scrutiny from government oversight bodies, such as the USCIS Ombudsman Annual Report, which calls for better case management and backlog reduction.

These changes represent a shift away from the more protective posture adopted in prior years and highlight the importance of proactive legal strategy. As Delfilia Díaz explains, waiting passively is no longer a safe option—understanding your case, securing deferred action, and seeking legal support when needed has become essential.

Top 4 Groups at Risk of Deportation or Arrest

It's important to understand that not every U Visa applicant faces the same level of risk. Based on the current enforcement trends and the guidance shared by Attorney Delfilia Díaz, four distinct groups stand out as being more vulnerable to deportation or arrest in 2025. Recognizing which category you—or someone you care about—may fall into can be the first step in developing a plan to stay protected.

1. Applicants Who Receive a Denial in 2025

• USCIS is actively reviewing U Visa applications that were originally filed in 2017. This means that if you submitted your application that year—or earlier—there is a heightened chance that your case will be decided soon. For many, this is welcome news. But it also brings new urgency: decisions are being issued at a faster pace, and denials are becoming more common. If your case was filed in or before 2017 and you haven't received a notice yet, now is the time to prepare for possible next steps, such as an appeal or a request for deferred action.
  
  
• A denied application that goes unchallenged can trigger removal proceedings. If your U Visa application is denied and you do not file an appeal or motion to reopen, current policy allows USCIS to refer your case to Immigration Court. This can result in the reactivation of a past deportation order or the initiation of new proceedings against you. It’s especially urgent to act quickly after a denial—this is the time to consider legal recourse and appeal options. Don’t assume that silence from USCIS means safety.

2. People with Past Deportation Orders

• A past deportation order—even if never enforced—puts you at constant risk. If you’ve previously been ordered removed or have a deportation order pending, you could be arrested and deported at any time, especially if you come into contact with immigration authorities. This is true even if you’ve lived peacefully in the U.S. for years since that order was issued.
  
  
• Deferred action is essential for protecting yourself. If you’re in this situation, it is especially urgent to obtain deferred action through your U Visa case. This temporary protection can help prevent removal while your case is pending and buy you time to seek legal support and resolution.

3. Those Who Commit New Crimes

• New criminal charges can jeopardize your entire case—no matter where you are in the process. Even if you’ve already been granted deferred action or your U Visa is actively pending, any new involvement with criminal law enforcement can trigger immigration consequences. Offenses like driving under the influence (DUI), domestic violence, drug possession, or sexual misconduct may lead to detention, loss of protection, and even expedited removal proceedings.
  
  
• USCIS may re-evaluate your eligibility and discretion. A new arrest doesn’t just put you at risk with ICE—it also gives USCIS a reason to reassess your character and eligibility for a U Visa. Because the visa is discretionary, any new negative factor can weigh heavily against approval, even if the crime seems minor or is still being resolved in court.

4. Applicants Without Deferred Action After 90+ Days 

• Delays beyond 90 days may require legal pressure. If your U Visa application has been pending for more than three months and you haven’t received deferred action, it’s a sign that your case may be stalled. Under current timelines, most applicants receive at least a preliminary decision or action within that period. If nothing has moved forward, it may be time to consider filing a federal lawsuit to prompt a response from USCIS.
  
  
• A mandamus lawsuit can move your case forward. These legal tools compel USCIS to take action on your application. While they don’t guarantee approval, they often result in deferred action being granted or the case being reviewed sooner. Many applicants have successfully used this strategy after long delays, especially when paired with strong supporting documentation and legal guidance.

What Is Deferred Action and Why Does It Matter?

We've briefly mentioned deferred action before in this article, but it is incredibly important you understand what it is. In short, deferred action is a form of temporary protection from deportation that USCIS can grant while your U Visa application is pending. It is not a visa or a legal status, but it does mean that the government has agreed not to deport you while they continue processing your case.

• It acts as a shield during long wait times. Since U Visa processing can take years, deferred action ensures that applicants are not vulnerable to arrest or removal while they wait. It also allows recipients to apply for a work permit.
  
  
• Not everyone receives it automatically. Some people receive deferred action shortly after applying, while others are left waiting without clarity. If it’s been more than 90 days since you submitted your application and you haven’t heard anything, this could be a sign that your case needs legal follow-up or intervention.

Understanding whether you have deferred action—and if not, whether you should push for it—can make a major difference in your safety and ability to work legally in the U.S.

When and Why to Sue USCIS

For some applicants, taking legal action through a federal lawsuit may be the only way to break through prolonged silence or inaction from USCIS. 

• File a mandamus lawsuit if your case has been stuck with no movement for an unreasonably long time. If your U Visa application has been pending for more than 90 days and you have not received deferred action or any sign of progress, a mandamus lawsuit will compel USCIS to act. This legal tool doesn't ask the court to approve your visa—only to force USCIS to make a decision.
  
  
• Use a mandamus lawsuit to trigger a delayed bona fide determination. If your case qualifies for the bona fide determination process but USCIS has not issued a decision, a mandamus lawsuit may help push them to make one. A bona fide determination can unlock temporary work authorization and protection from deportation while your application is fully reviewed, making this an important milestone worth pursuing if it has been delayed.

Both options are best pursued with clear documentation and legal support, and many immigrants have found success using them. If you’re unsure which path applies to your case, contact our team and we will help you decide.